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

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73. The County has no obligation to (i) deliver or to sell any minimum amount of LFG to the Delivery Point; (ii) treat, process or condition the Landfill Gas, maintain.or increase the pressure of Landfill Gas delivered to the University, or (iii) install any facilities (including blowers or compression facilities) or, subject to Paragraphs 69 and 71, alter any landfilling methods or practices relating to the production, collection or delivery of the Landfill Gas to the University. 74. The County shall not interfere with the University's Landfill Gas operations, except as such interference may be necessary to comply with the Landfill Permits, by operation of Laws, or for the protection of the environment, human health, or safety. Each Party shall use commercially reasonable efforts to advise the other Party fully in advance of any changes in the operation, maintenance, expansion, or other activities that may adversely affect the business operations of the other at the Landfill. If any Party takes any action, refrains from taking any action, or undertakes any change in operations, maintenance, expansion programs or other activities that will adversely affect, or threaten to adversely affect the business operations of the other, such Party shall use commercially reasonable efforts to give notice to the other Party as soon as practicable, describing the nature of the detriment and its cause, including emergency notice in the case of an emergency. However, in no event shall the County be required to delay action that it deems necessary for the operation of the Landfill. If the alleged interference continues beyond thirty (30) calendar days, then the affected Party may invoke the Dispute Resolution procedures set out in Article XI hereunder. 75. The County shall make commercially reasonable efforts to cooperate with the University in its preparation, execution, and filing of any applications, permit submittals, 19 {00018638.DOC 24}