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

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87 67-Notwithstanding anything contained in this Agreement to the contrary, the University acknowledges that Landfill operations take precedence over the LFG Project,and,at all times during the term of the Agreement,and subject to its terms,the County shall have the right to operate the Landfill, and to take all actions at its own cost and expense that the County deems necessary or appropriate in connection with the operation and maintenance of the Landfill, including actions to comply with the Landfill Permits and any applicable Laws. The University further acknowledges and agrees that the primary use of the Landfill is as a sanitary landfill, and that the LFG shall be limited to production from the Landfill. 68—The University shall develop and implement a health and safety plan no less stringent than that of the County with regard to the University's operations at the Landfill and any work performed by its employees, contractors, or agents at the Landfill. 68. 69—The County shall allow the University to dispose at the Landfill, or at a wastewater treatment plant used for the Landfill's leachate,any Waste Materials generated by the LFG Project, provided such disposal is allowed under the Landfill and LFG Project Permits and applicable Laws. The University shall be responsible for any additional incremental costs incurred by the County for disposing of any such Waste Materials,including,without limitation, additional wastewater treatment charges or surcharges. If any Waste Materials cannot be lawfully disposed of at the Landfill or through the County's permits,then the University shall be responsible at its sole cost and expense for any necessary off-site disposal of such materials regardless of whether they are deemed a hazardous material or waste. C. The County's Operating Responsibilities 69. 70—The County agrees to maintain the landfill cover in accordance with any applicable requirements of the Landfill Permits. The County further agrees to make commercially reasonable efforts to repair cracks,fissures,erosion or other adverse conditions in the Landfill that {00022477.DOC}