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

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rights provided in this Article VI are not in lieu of, but are in addition to, any other rights and remedies either Party may have under the circumstances. A. Termination Rights of the University 99. The University may issue the County a Notice of Default if the County breaches any of its material duties or obligations under this Agreement and such breach is material to the University's rights and benefits under this Agreement. If the County does not cure such breach within forty-five (45) days after the date of the University's written Notice of Default, the University may issue the County a Notice of Termination. Provided,however,that if by the nature of the breach,the University agrees that a cure can be achieved,but not within forty-five(45)days, and that after receipt of such notice the County has begun to effect a cure without undue delay, then the County shall have such time as is reasonably required to effect a cure with diligent effort, but in any event not to exceed ninety(90)days from the date of the written Notice of Default from the University. 100. If,prior to 2029,the LFG generation rate falls below an average of 190 cfm over a consecutive one hundred eighty(180) day period due to no fault of the University,the University may issue the County a Notice of Default. If the LFG generation rate does not exceed an average of 190 cfm within the ninety (90) day period after the date of the Notice of Default, then the University may issue the County a Notice of Termination. B. Miscellaneous Termination Events 101. This Agreement may be terminated by mutual agreement of the Parties. In addition, this Agreement shall terminate(without a cure period) if(a)the University's use of LFG as a fuel source and for flaring should become unlawful due to no fault of the Parties;or(b)the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that the 27 {00018638.DOC 2-1-24)