Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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52. Term has the meaning set forth in Paragraph 97 and shall include any Extension Period. 53. Waste Materials means collectively, any chemical, waste, material or substance that is listed or regulated under applicable Environmental Laws as a"waste" or as a"hazardous," "special" or"toxic" substance or waste, or as a"contaminant" or "pollutant" or words of similar import, including, without limitation,petroleum,petroleum products and byproducts. ARTICLE II RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES A. Rights Granted to University 54. The County hereby grants to the University the sole and exclusive right to (a) design, develop, and construct the LFG Project; (b)collect, extract and remove Landfill Gas from the Landfill; (c)produce energy from the Landfill Gas for the University's own use, or for sale to one or more third parties or the electrical grid; (d) derive Environmental Benefits from the treatment, destruction and use of the Landfill Gas; and (e) do, at the Landfill, consistent with the University's obligations in Articles II and III hereunder, all things necessary to carry out (i) the permitting, development, construction, and operation of the LFG Project; (ii) the collection, extraction,and removal of the Landfill Gas;(iii)the production of electrical or thermal energy;and (iv)the redirection, redelivery, transport or marketing of the Landfill Gas, or any portion thereof, to any third party. Provided, however, that the County expressly retains all rights in the Landfill Gas necessary to operate the Landfill in accordance with the Landfill Permits and all applicable Laws. 55. The University agrees to flare any Landfill Gas delivered to the Delivery Point that is not transported by the University to the Gas Conversion System as follows: (i)during the period occurring after the Flare Start-up Date and before the Engine Start-up Date; (ii) in the event that 12 {00018638.DOC 21-24}