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

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91 shall act as the"permittee,""owner"and"operator"for such project as may be appropriate under applicable Laws. $2 83,11e University recognizes that it is in the Parties'mutual best economic interest for the LFG Project to be completed expeditiously. Without limiting the generality of the University's obligations under Article II of this Agreement, beginning on the C4esingEffective Date,the University shall work expeditiously and in good faith to(a)complete the LFG Collection System within eighteen(18)months from the Clos_ Dated?te of the issuance of the last Atmrov necessary to construct such system, and (b) complete the Gas Conversion System within thirty-four(34)months from the a of the issuance of the last Approval necessary to construct such system the Gas Conversation System and the Pipeline. If the University fails to complete the LFG Collection-System Project within five (5) years of the Closing Date Effective Date date of the issuance of the last Approval necessary to construct the LFG Project,the County shall have the right to terminate the Agreement pursuant to Article VI. If the Engine Start-up Date does not occur within thirty-five(35)months after the Effective Datedate of the issuance of the last Approval necessary to construct the Gas Conversion System and the Pipeline,the Flare Percentage shall be adjusted to equal ten and ninety-five one-hundredths percent(10.95%)for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date or five(5)years after the to of the issuance of the last Approval necessary to construct the Gas Conversion System and the Pipeline, whichever occurs sooner. If the Engine Start-up Date does not occur within five(5)years after the Effective Datodate of the issuance of the last Approval necessary to construct the Gas Conversion System and the Pipeline, the Flare Percentage shall be adjusted to equal sixteen and six-tenths percent(16.6%)for the purpose of calculating any Flare Payment under this Agreement and shall • {00022477.DOC}