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

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95 • defending any claims relating to the off-site migration of LFG or odors, pollution, or nuisance conditions directly caused by such migration, including claims brought by a regulatory agency, neighboring residents,businesses,or third parties. 96—ln no event shall either Party be liable to the other Party for consequential, incidental,punitive,exemplary or indirect damages,including,but not limited to,loss of profits or revenue,downtime costs, loss of use of any property,or cost of substitute equipment or facilities, whether arising in tort, contract or otherwise. This provision shall survive the expiration or termination of this Agreement. 2.12. 97:-Nothing in this Agreement is intended by the Parties nor shall be construed as a waiver of any sovereign or other immunity to which either Party may be entitled to the fullest extent allowed by Law. ARTICLE VI TERM AND TERMINATION 9Z 9&-The initial term of this Agreement shall commence on the ClesingEffective Date and shall expire on December 31, 2029, or on such other date on which this Agreement is terminated in accordance with its provisions. Upon the expiration of the initial Term, the University shall have the right,to the exclusion of any other entity,to renew this Agreement for up to two (2) consecutive periods of five (5) years each. (each five-year period beyond the initial 20-year period shall be termed an"Extension Period.")At the expiration of the initial 20-year term, or an Extension Period other than the second Extension Period, this Agreement shall be deemed extended for an additional five-year period unless the University gives written notice to the County of the University's intent not to extend this Agreement no later than ninety (90) days prior to the expiration of the preceding period.All provisions in this Agreement shall continue in effect during any extension period except as those terms may be otherwise modified by the Parties. Before the (00022477.DOC)