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

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93 $ V.-The County represents and warrants that it has not made an assignment or University the right to collect,use,or sell the agreement to sell to any party other than the U ty gh extract, ect, , Landfill Gas. $� 88—The County represents and warrants that, based upon calculations attached hereto as Exhibit E,previously submitted to the North Carolina Department of Environment and Natural Resources and performed in accordance with 40 C.F.R. Part 60, Subpart WWW, the Landfill is not subject to the New Source Performance Standards for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart WWW (2007) ("NSPS") or the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart Cc (2007) ("Emission Guidelines"). B& 89—The County represents and warrants that it has all environmental permits, authorizations, and approvals that are legally required to operate the Landfill, exclusive of any permits,authorizations, and approvals that may be necessary for the LFG Project. 89. 90-The County represents that, in entering into this Agreement, it has relied upon its own estimates of the economic benefits of the LFG Project and has not relied upon any economic or financial model prepared by the University or its consultant(s) as an inducement for entering into this Agreement. The University shall promptly inform the County,however, of any errors,miscalculations,or omissions of which the University has knowledge,in any of the reports it has prepared or furnished to the County. 90. 91-The County represents and warrants that it has legal authority and right to make and enter into the Agreement. C. Disclaimer of Warranties 91. 92-Except as specifically set forth in Subpart B of this Article III, the University accepts the condition of the Landfill, any real property subject to an easement or right-of-way {00022477.DOC}