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

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81. Except as set forth in Paragraphs 57 and 58 of this Agreement,the University shall be solely responsible for securing any and all Approvals, including, without limitation, preparing all permit documentation for any Landfill or LFG Project Permits on which the County will be the permittee. Exhibit D contains a preliminary, but not exhaustive, list of Approvals that the University believes it must obtain to install, construct, operate, maintain, and repair the LFG Project. The University shall, at its own expense, apply for and seek to obtain all Approvals, including those listed on Exhibit D unless they are not required for the LFG Project. The University will apply for any such Approval as the owner and operator of the LFG Project, and shall act as the "permittee," "owner" and"operator" for such project as may be appropriate under applicable Laws. 82. The University recognizes that it is in the Parties' mutual best economic interest for the LFG Project to be completed expeditiously. Without limiting the generality of the University's obligations under Article II of this Agreement, beginning on the Effective Date, the University shall work expeditiously and in good faith to (a) complete the LFG Collection System within eighteen(18)months from the date of the issuance of the last Approval necessary to construct such system, and(b)complete the Gas Conversion System within thirty-four(34)months from the date of the issuance of the last Approval necessary to construct the Gas Conversion System and the Pipeline. If the University fails to complete the LFG Project within five(5)years of the date of the issuance of the last Approval necessary to construct the LFG Project, the County shall have the right to terminate the Agreement pursuant to Article VI. If the Engine Start-up Date does not occur within thirty-five (35) months after the .. - - • - -- •.. ` •- - • -- . _ . - - _ . --- ., - -- --Effective Date,the Flare Percentage shall be -adjusted to equal ten and ninety-five one-hundredths percent (10.95%) for the purpose of 21 {00018638.DOC 214}