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

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costs of any such repairs. The University shall use its best efforts to design the LFG Collection System to minimize any incremental increase in the County's costs of Landfill closure incurred to accommodate the LFG Collection System. The University shall share equally (50%-50%) with the County the incremental increase in the County's costs of Landfill closure incurred to accommodate the LFG Collection System; provided, however, that the University shall not be obligated to pay, nor be responsible for, any costs and expenses in excess of$50,000. 65. The University shall, at its own expense, prepare, maintain, and submit to the County monthly reports on Landfill Gas production rates,which shall include an accounting of all LFG and the methane content of such LFG delivered to Meter Points A and B. 66. Notwithstanding anything contained in this Agreement to the contrary, the University acknowledges that Landfill operations take precedence over the LFG Project,and,at all times during the term of the Agreement,and subject to its terms,the County shall have the right to operate the Landfill, and to take all actions at its own cost and expense that the County deems necessary or appropriate in connection with the operation and maintenance of the Landfill, including actions to comply with the Landfill Permits and any applicable Laws. The University further acknowledges and agrees that the primary use of the Landfill is as a sanitary landfill, and that the LFG shall be limited to production from the Landfill. 67. The University shall develop and implement a health and safety plan no less stringent than that of the County with regard to the University's operations at the Landfill and any work performed by its employees, contractors, or agents at the Landfill. 68. The County shall allow the University to dispose at the Landfill,or at a wastewater treatment plant used for the Landfill's leachate,any Waste Materials generated by the LFG Project, provided such disposal is allowed under the Landfill and LFG Project Permits and applicable Laws. 17 {00018638.DOC 2424)