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

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Oil Pollution Act (33 U.S.C. §§ 2701 et seq.); (iv) the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.); (v) the Emergency Planning and Community Right-to-Know Act (42 U.S.C. §§ 11001 et seq.); (vi) the Endangered Species Act (16 U.S.C. §§ 1531 et seq.); (vii) the Clean Air Act (42 U.S.C. §§ 7401 et seq.); (vii) the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.); (viii)the Toxic Substances Control Act(15 U.S.C. §§ 2601 et seq.); (ix) the Hazardous Materials Transportation Act (49 U.S.C. §§ 5101 et seq.); and (x) all North Carolina Laws comparable to the foregoing. 19. Extension Period has the meaning set forth in Paragraph 97. 20. Fair Market Value has the meaning set forth in Paragraph 110. 21. Flare Percentage means five and three-tenths percent(5.3%). 22. Flare MMBTU HHV has the meaning set forth in Paragraph 115. 23. Flare Payment has the meaning set forth in Paragraph 114. 24. Flare Start-up Date shall be the date when the flare reaches steady-state conditions and commences the continuous burning of Landfill Gas. 25. Forecasted Carbon Price means, for a year during the Term of this Agreement, the corresponding Forecasted Carbon Price for such calendar year set forth in Exhibit A. 26. Force Majeure shall mean any cause or causes for delay of performance by a Party, which are not reasonably within the control of the Party claiming Force Majeure and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome including without limitation, acts of God, terrorism, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, hurricanes, floods, high-water washouts, arrests and restraints of governments and people, strikes, lockouts, protests, or other industrial disturbances, civil disturbances, explosions, catastrophic events such 8 {00018638.DOC 24}