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78 <br /> 26 2--Force Majeure shall mean any cause or causes for delay of performance by a <br /> Party,which are not reasonably within the control of the Party claiming Force Majeure and which, <br /> by the exercise of reasonable diligence, such Party is unable to prevent or overcome including <br /> without limitation,acts of God,terrorism,acts of the public enemy,wars,blockades,insurrections, <br /> riots, epidemics, landslides, lightning, earthquakes, fires, storms, hurricanes, floods, high-water <br /> washouts, arrests and restraints of governments and people, strikes, lockouts, protests, or other <br /> industrial disturbances, civil disturbances, explosions, catastrophic events such as breakage or <br /> accident to machinery or lines of pipe caused by an event of Force Majeure,enactment of statutes, <br /> laws or regulations, and other acts of Governmental Authorities (excluding acts by a Party) <br /> frustrating the purposes of this Agreement Force Majeure shall in no event include(i)any change <br /> in the economy or in the markets, pricing or demand for natural gas or LFG that affects the <br /> University's ability to use LFG, or the price at which LFG or natural gas can be sold, or (ii) <br /> increases in the cost of constructing or operating the LFG Project <br /> 27, 2&-Gas Conversion System shall mean any equipment used by the University to <br /> convert the Landfill Gas into thermal or electric energy, including an engine,generator or boiler. <br /> 28. 29-Gas Flow Meter shall mean the device(s)used to measure the rate of Landfill <br /> Gas flow,methane content,and other parameters. <br /> 29, 30:-Gas Sold means any LFG delivered to the Delivery Point. <br /> 30. 3 -Global Warming Potential or GWP means the estimate of the atmospheric <br /> warming resulting from the release of a unit mass of a particular Greenhouse Gas,in relation to the <br /> warming resulting from the release of the same amount of carbon dioxide. <br /> 31. 32—Governmental Authority means any federal, state, local or foreign court, <br /> arbitrator, alternative dispute resolution body, government or political subdivision or department <br /> {00022477.noc} <br />