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University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br /> remainder of the Term. <br /> C. Termination Rights of the County <br /> 102. The County may issue the University a Notice of Default if the University fails to <br /> make any of the payments due hereunder in accordance with this Agreement. If the University <br /> fails to cure the payment default within forty-five(45)days after the date of the written Notice of <br /> Default,then the County may issue the University a Notice of Termination. <br /> 103. The County may issue the University a Notice of Default if the University breaches <br /> any of its material duties or obligations under this Agreement(other than the making of payments <br /> in accordance with this Agreement, the termination of which is covered by Paragraph 102 <br /> hereunder) and such breach is material to the County's rights and benefits under this Agreement. <br /> If the University does not cure such breach within forty-five (45) days after the County's written <br /> Notice of Default, the County may issue the University a Notice of Termination. Provided, <br /> however,that if by the nature of the breach the County agrees that a cure can be achieved,but not <br /> within forty-five (45) days, and that after receipt of such notice the University has begun to effect <br /> a cure without undue delay, then the University shall have such time as is reasonably required to <br /> effect a cure with diligent effort,but in any event not to exceed ninety(90)days from the date that <br /> the University receives written Notice of Default from the County. <br /> 104. The County may issue the University a Notice of Default upon the occurrence of <br /> the following events: if the University abandons or vacates the entire LFG Project or removes <br /> fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br /> except for such removal that may be undertaken during maintenance, upkeep, or in the normal <br /> course of business. If the University fails to cure such default within forty-five(45) days after the <br /> 28 <br /> {00018638.DOC 24-24} <br />