Orange County NC Website
accordance with that Article. Subject to Article XI and except as otherwise provided in this <br /> Agreement, the termination rights provided in this Article VI are not in lieu of, but are in <br /> addition to, any other rights and remedies either Party may have under the circumstances. <br /> A. Termination Rights of the University <br /> 99. The University may issue the County a Notice of Default if the County breaches <br /> any of its material duties or obligations under this Agreement and such breach is material to the <br /> University's rights and benefits under this Agreement. If the County does not cure such breach <br /> within forty-five (45) days after the date of the University's written Notice of Default, the <br /> University may issue the County a Notice of Termination. Provided, however, that if by the <br /> nature of the breach, the University agrees that a cure can be achieved, but not within forty-five <br /> (45) days, and that after receipt of such notice the County has begun to effect a cure without <br /> undue delay, then the County shall have such time as is reasonably required to effect a cure with <br /> diligent effort, but in any event not to exceed ninety(90) days from the date of the written Notice <br /> of Default from the University. <br /> 100. If, prior to 2029, the LFG generation rate falls below an average of 190 cfm over <br /> a consecutive one hundred eighty (180) day period due to no fault of the University, the <br /> University may issue the County a Notice of Default. If the LFG generation rate does not exceed <br /> an average of 190 cfm within the ninety (90) day period after the date of the Notice of Default, <br /> then the University may issue the County a Notice of Termination. <br /> B. Miscellaneous Termination Events <br /> 101. This Agreement may be terminated by mutual agreement of the Parties. In <br /> addition, this Agreement shall terminate (without a cure period) if (a) the University's use of <br /> LFG as a fuel source and for flaring should become unlawful due to no fault of the Parties; or(b) <br /> the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and <br /> 27 <br /> {00018638.DOC 24} <br />