Orange County NC Website
Browse       Search
73. The County has no obligation to(i)deliver or to sell any minimum amount of LFG <br /> to the Delivery Point; (ii) treat, process or condition the Landfill Gas, maintain or increase the <br /> pressure of Landfill Gas delivered to the University,or(iii)install any facilities(including blowers <br /> or compression facilities) or, subject to Paragraphs 69 and 71, alter any landfilling methods or <br /> practices relating to the production, collection or delivery of the Landfill Gas to the University. <br /> 74. The County shall not interfere with the University's Landfill Gas operations, <br /> except as such interference may be necessary to comply with the Landfill Permits,by operation of <br /> Laws, or for the protection of the environment, human health, or safety. Each Party shall use <br /> commercially reasonable efforts to advise the other Party fully in advance of any changes in the <br /> operation, maintenance, expansion, or other activities that may adversely affect the business <br /> operations of the other at the Landfill. If any Party takes any action, refrains from taking any <br /> action, or undertakes any change in operations, maintenance, expansion programs or other <br /> activities that will adversely affect, or threaten to adversely affect the business operations of the <br /> other,such Party shall use commercially reasonable efforts to give notice to the other Party as soon <br /> as practicable, describing the nature of the detriment and its cause, including emergency notice in <br /> the case of an emergency. However,in no event shall the County be required to delay action that it <br /> deems necessary for the operation of the Landfill. If the alleged interference continues beyond <br /> thirty(30)calendar days,then the affected Party may invoke the Dispute Resolution procedures set <br /> out in Article XI hereunder. <br /> 75. The County shall make commercially reasonable efforts to cooperate with the <br /> University in its preparation, execution, and filing of any applications, permit submittals, <br /> assignments of rights,and other documents as may be necessary to allow the University to perform <br /> its obligations under this Agreement. <br /> 19 <br /> {00018638.DOC 2-124) <br />