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