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

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98 -1-031Q2 hereunder) and such breach is material to the County's rights and benefits under this Agreement. If the University does not cure such breach within forty-five (45) days after the County's written Notice of Default,the County may issue the University a Notice of Termination. Provided,however,that if by the nature of the breach the County agrees that a cure can be achieved, but not within forty-five(45)days,and that after receipt of such notice the University has begun to effect a cure without undue delay, then the University 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 that the University receives written Notice of Default from the County. 1Q4. 105-,The County may issue the University a Notice of Default upon the occurrence of the following events: if the University abandons or vacates the entire LFG Project or removes fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, except for such removal that may be undertaken during maintenance, upkeep, or in the normal course of business. If the University fails to cure such 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. 105. 4067-The County may issue the University a Notice of Default if the University operates neither the Gas Conversion System nor the flare for a period of one hundred eighty(180) consecutive days except(i)for a Force Majeure Event,and(ii)at the beginning of the Term before the Gas Conversion System and flare have become operational. If the University fails to re-commence continuous operation of either the Gas Conversion System or the flare within forty-five (45) days after the date of the Notice of Default, then the County may issue the University a Notice of Termination. D. Rights Upon Termination or Expiration {00022477.DOC}