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Agenda - 02-03-2009 - 6b
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Agenda - 02-03-2009 - 6b
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Last modified
3/21/2016 10:50:10 AM
Creation date
1/30/2009 3:34:02 PM
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BOCC
Date
2/3/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
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Minutes - 20090203
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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98 <br /> -1-031Q2 hereunder) and such breach is material to the County's rights and benefits under this <br /> Agreement. If the University does not cure such breach within forty-five (45) days after the <br /> County's written Notice of Default,the County may issue the University a Notice of Termination. <br /> Provided,however,that if by the nature of the breach the County agrees that a cure can be achieved, <br /> but not within forty-five(45)days,and that after receipt of such notice the University has begun to <br /> effect a cure without undue delay, then the University shall have such time as is reasonably <br /> required to effect a cure with diligent effort,but in any event not to exceed ninety(90)days from <br /> the date that the University receives written Notice of Default from the County. <br /> 1Q4. 105-,The County may issue the University a Notice of Default upon the occurrence <br /> of the following events: if the University abandons or vacates the entire LFG Project or removes <br /> fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br /> except for such removal that may be undertaken during maintenance, upkeep, or in the normal <br /> course of business. If the University fails to cure such default within forty-five(45)days after the <br /> date of the written Notice of Default, then the County may issue the University a Notice of <br /> Termination. <br /> 105. 4067-The County may issue the University a Notice of Default if the University <br /> operates neither the Gas Conversion System nor the flare for a period of one hundred eighty(180) <br /> consecutive days except(i)for a Force Majeure Event,and(ii)at the beginning of the Term before <br /> the Gas Conversion System and flare have become operational. If the University fails to <br /> re-commence continuous operation of either the Gas Conversion System or the flare within <br /> forty-five (45) days after the date of the Notice of Default, then the County may issue the <br /> University a Notice of Termination. <br /> D. Rights Upon Termination or Expiration <br /> {00022477.DOC} <br />
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