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

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LFG generated by the Landfill exceeds the capacity of the Gas Conversion System,as determined by the University in accordance with good engineering practices and industry standards; (iii) during Gas Conversion System maintenance, repair, or associated downtime; (iv) as reasonably necessary to protect human health, safety, or the environment; and (v) during the pendency of a forcc majeurcForce Majeure event affecting the Gas Conversion System. 56. The University shall have the right to use and access portions of the Landfill and such other property depicted on Exhibit C to carry out the development, construction, and operation of the LFG Project, including any activities necessary to evaluate the feasibility of the LFG Project, or the design and permitting of the LFG Project. The County agrees to make commercially reasonable efforts to assist the University, whenever feasible, in accessing any parcel of property not owned solely by the County that is necessary for the construction and operation of the LFG Project, including the Greene Tract. 57. The County shall grant the University, without additional University payment beyond the compensation set forth in this Agreement, such easements and rights of way through the Landfill site and other property owned solely by the County as may be necessary to drill gas extraction wells, lay pipelines, lateral lines, header lines, and any other part of the LFG Project infrastructure as contemplated by this Agreement,including,without limitation,the easements and rights of away set forth on Exhibit C. The County also grants the University, without additional University payment beyond the compensation set forth in this Agreement, licenses or other approvals to install utility lines on the Landfill and other property owned solely by the County for the LFG Project. The Parties agree that in the event the County is unable to grant the easements and rights of way set forth on Exhibit C or otherwise breaches any of its duties or obligations under this Paragraph 57,(i)the University's sole and exclusive remedy shall be the right to terminate this 13 {00018638.DOC 24-24}