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

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