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

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Flare Percentage shall be adjusted to equal ten and ninety-five one-hundredths percent (10.95%) for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date or five (5) years after the Effective Date, whichever occurs sooner. If the Engine Start-up Date does not occur within five (5) years after the Effective Date, the Flare Percentage shall be adjusted to equal sixteen and six-tenths percent(16.6%) for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date. Commencing thirty (30) days after the Effective Date of this Agreement, the University shall hold monthly progress meetings to discuss progress toward achieving these completion dates including the status of the construction of the components of the LFG Project. The University shall invite representatives of the County to attend such progress meetings and the University shall provide the County with reasonable advance written notice of the location and time of such meetings. The University shall distribute meeting minutes to the County following such progress meetings regardless of the County's attendance at such meetings. ARTICLE IV REPRESENTATIONS OF THE PARTIES A. The University's Representations 83. The University represents and warrants that, in entering into this Agreement, it has relied upon its own estimates of Landfill Gas volumes, based upon publicly available waste disposal records and standard modeling assumptions and projections. The University further represents that it has not relied upon Landfill Gas generation reports, drawings, and analyses provided by the County or its consultant as an inducement for entering into this Agreement. The County shall promptly inform the University, however, of any errors, miscalculations, or 22 (00018638.DOC 24)