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82 <br /> permitting, development construction, and operation of the LFG Project; (ii) the collection, <br /> extraction,and removal of the Landfill Gas;(iii)the production of electrical or thermal energy,and <br /> (iv)the redirection,redelivery,transport or marketing of the Landfill Gas, or any portion thereof; <br /> to any third party. Provided,however,that the County expressly retains all rights hi the Landfill <br /> Gas necessary to operate the Landfill in accordance with the Landfill Permits and all applicable <br /> Laws. <br /> The University agrees to flare any Landfill Gas delivered to the Delivery Point <br /> that is not transported by the University to.the Gas Conversion System as follows: (i) during the <br /> period occurring after the Flare Start-up Date and before the Engine Start-up Date;(ii)in the event <br /> that LFG generated by the Landfill exceeds the capacity of the Gas Conversion System, as <br /> determined by the University in accordance with good engineering practices and industry <br /> standards; (iii) during Gas Conversion System maintenance, repair, or associated downtime; (iv) <br /> as reasonably necessary to protect human health, safety, or the environment; and (v) during the <br /> pendency of aforce majeure event affecting the Gas Conversion System. <br /> 56. 57. The University shall have the right to use and access portions of the Landfill <br /> and such other property depicted on Exhibit C to carry out the development, construction, and <br /> operation of the LFG Project, including any activities necessary to evaluate the feasibility of the <br /> LFG Project, or the design and permitting of the LFG Project. The County agrees to make <br /> commercially reasonable efforts to assist the University, whenever feasible, in accessing any <br /> parcel of property not owned solely by the County that is necessary for the construction and <br /> operation of the LFG Project, including the Greene Tract. <br /> 57. &-The County shall grant the University, without additional University payment <br /> beyond the compensation set forth in this Agreement, such easements and rights of way through <br /> {00022477.DOC} <br />