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

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89 operation, maintenance, expansion, or other activities that may adversely affect the business operations of the other at the Landfill. If any Party takes any action, refrains from taking any action, or undertakes any change in.operations, maintenance, expansion programs or other activities that will adversely affect, or threaten to adversely affect the business operations of the other,such Party shall use commercially reasonable efforts to give notice to the other Party as soon as practicable, describing the nature of the detriment and its cause,including emergency notice in the case of an emergency. However,in no event shall the County be required to delay action that it deems necessary for the operation of the Landfill. If the alleged interference continues beyond thirty(30)calendar days,then the affected Party may invoke the Dispute Resolution procedures set out in Article XI hereunder. 75. The County shall make commercially reasonable efforts to cooperate with the University in its preparation, execution, and filing of any applications, permit submittals, assignments of rights, and other documents as may be necessary to allow the University perform its obligations under this Agreement. 76. The County shall make available to the University copies of all environmental information, reports, studies, landfill gas feasibility reports, assessments or other documents affecting the generation of Landfill Gas or the LFG Project that the County has prepared or that have been prepared on the County's behalf. Such documents include those the County is required to submit to the North Carolina Department of Environment and Natural Resources. 77. 78—The County shall reasonably ensure that the County, its employees and contractors do not damage the LFG Project or disrupt the operation of the system. Should such damage occur,the University has the right to take immediate action to effectuate whatever repairs {00022477.DOC}