Agenda - 02-03-2009 - 6b - Laserfiche WebLink

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84 • b. the right to travel over any access roads located on the Landfill Property and any adjacent property owned by the County, as such roads may be relocated by the County from time to time during the term of this Agreement, for the purpose of entry upon the Landfill Property. The University acknowledges that it does not claim any ownership interest in the Landfill Property, except as otherwise stated herein,because of the University's use of the Landfill Property. B. University's Operating Responsibility 5 Subject to Article VIII of this Agreement and except as otherwise provided herein,the University shall operate the LFG Collection System and the Gas Conversion System at all times during the Term of this Agreement. 5t The operation, maintenance, and repair of the LFG Project shall be the sole responsibility and undertaken at the sole cost and expense of the University (and its contractors • and agents)and shall be performed by the University,its employees,agents and subcontractors(i) in compliance with all LFG Project Permits and applicable Laws and(ii)in accordance with good engineering practices and industry standards. The University assumes the risk of the delivery conditions (including the rate of flow, vacuum and pressure of delivery), quantity and quality of LFG. The University is solely responsible for creating sufficient vacuum to extract LFG from Landfill and transfer it to the Delivery Point. Any such vacuum shall not adversely affect the County's Landfill operations, and the University shall adjust its operations of the LFG Project or install necessary equipment at its sole cost and expense to correct any such adverse effect. Should such adverse effects arise that the University is unable to correct through operational adjustments, the University shall, at the County Manager's written request, take (00022477.DOC}