Orange County NC Website
omissions of which the County has knowledge, in any of the landfill reports it has prepared or <br /> furnished to the University. <br /> 84. The University represents and warrants that it has legal authority and right to <br /> make and enter into the Agreement. <br /> B. The County's Representations <br /> 85. The County represents and warrants that it has fee simple title to the Landfill <br /> property. <br /> 86. The County represents and warrants that it has not made an assignment or <br /> agreement to sell to any party other than the University the right to extract, collect, use, or sell <br /> the Landfill Gas. <br /> 87. The County represents and warrants that, based upon calculations attached hereto <br /> as Exhibit E, previously submitted to the North Carolina Department of Environment and <br /> Natural Resources and performed in accordance with 40 C.F.R. Part 60, Subpart WWW, the <br /> Landfill is not subject to the New Source Performance Standards for Municipal Solid Waste <br /> Landfills, 40 C.F.R. Part 60, Subpart WWW (2007) ("NSPS") or the Emission Guidelines and <br /> Compliance Times for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart Cc (2007) <br /> ("Emission Guidelines"). <br /> 88. The County represents and warrants that it has all environmental permits, <br /> authorizations, and approvals that are legally required to operate the Landfill, exclusive of any <br /> permits, authorizations, and approvals that may be necessary for the LFG Project. <br /> 89. The County represents that, in entering into this Agreement, it has relied upon its <br /> own estimates of the economic benefits of the LFG Project and has not relied upon any economic <br /> or financial model prepared by the University or its consultant(s) as an inducement for entering <br /> into this Agreement. The University shall promptly inform the County, however, of any errors, <br /> 23 <br /> {00018638.DOC 24) <br />