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

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right to terminate this Agreement in accordance with Article VI hereunder, and (ii) the University shall have no obligation to construct or complete the construction of the Pipeline or the Gas Conversion System, notwithstanding any terms to the contrary in this Agreement. 58. In furtherance of the LFG Project,the County hereby grants to the University, and its employees, contractors and agents, a non-exclusive license (the "License") for the following purposes, provided that any employees, contractors, and agents shall comply with the health and safety plan required to be developed under Paragraph 67 hereunder: a. the right to drill, excavate, trench or otherwise disturb the Landfill property for the purpose of installing, constructing, operating, maintaining and replacing gas wells, underground pipelines, tanks, Landfill Gas flaring mechanisms, and associated Landfill Gas equipment. b. the right to travel over any access roads located on the Landfill property and any adjacent property owned by the County, as such roads may be relocated by the County from time to time during the term of this Agreement, for the purpose of entry upon the Landfill property. The University acknowledges that it does not claim any ownership interest in the Landfill property, except as otherwise stated herein,because of the University's use of the Landfill property. B. University's Operating Responsibility 59. Subject to Article VIII of this Agreement and except as otherwise provided herein, the University shall operate the LFG Collection System and the Gas Conversion System at all times during the Term of this Agreement. 60. The operation, maintenance, and repair of the LFG Project shall be the sole responsibility and undertaken at the sole cost and expense of the University (and its contractors and agents) and shall be performed by the University, its employees, agents and subcontractors 14 {00018638.DOC 24}