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97 <br /> then the County shall have such time as is reasonably required to effect a cure with diligent effort, <br /> but in any event not to exceed ninety(90)days from the date of the written Notice of Default from <br /> the University. <br /> 19L 10-1. If,prior to 2029, the LFG generation rate falls below an average of 190 cfm <br /> over a consecutive one hundred eighty (180) day period due to no fault of the University, the <br /> University may issue the County a Notice of Default. If the LFG generation rate does not exceed <br /> an average of 190 cfm within the ninety(90)day period after the date of the Notice of Default,then <br /> the University may issue the County a Notice of Termination. <br /> B. Miscellaneous Termination Events <br /> Bit 102-This Agreement may be terminated by mutual agreement of the Parties. In <br /> addition,this Agreement shall terminate(without a cure period)if(a)the University's use of LFG <br /> as a fuel source and for flaring should become unlawful due to no fault of the Parties; or (b) the <br /> LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and <br /> cannot be renewed or reinstated due to no fault of the Parties despite their best efforts,such that the <br /> University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br /> remainder of the Term. <br /> C. Termination Rights of the County <br /> 102. 103-The County may issue the University a Notice of Default if the University fails <br /> to make any of the payments due hereunder in accordance with this Agreement. If the University <br /> fails to cure the payment default within forty-five(45)days after the date of the written Notice of <br /> Default,then the County may issue the University a Notice of Termination. <br /> 103. 104.The County may issue the University a Notice of Default if the University <br /> breaches any of its material duties or obligations under this Agreement(other than the making of <br /> payments in accordance with this Agreement, the termination of which is covered by Paragraph . <br /> {00022477.DOC} <br />