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cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that <br /> the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br /> remainder of the Tenn. <br /> C. Termination Rights of the County <br /> 102. The County may issue the University a Notice of Default if the University fails to <br /> make any of the payments due hereunder in accordance with this Agreement. If the University <br /> fails to cure the payment default within forty-five (45) days after the date of the written Notice <br /> of Default,then the County may issue the University a Notice of Termination. <br /> 103. The County may issue the University a Notice of Default if the University <br /> breaches any of its material duties or obligations under this Agreement(other than the making of <br /> payments in accordance with this Agreement, the termination of which is covered by Paragraph <br /> 102 hereunder) and such breach is material to the County's rights and benefits under this <br /> Agreement. If the University does not cure such breach within forty-five (45) days after the <br /> County's written Notice of Default, the County may issue the University a Notice of <br /> Termination. Provided, however, that if by the nature of the breach the County agrees that a cure <br /> can be achieved, but not within forty-five (45) days, and that after receipt of such notice the <br /> University has begun to effect a cure without undue delay, then the University shall have such <br /> time as is reasonably required to effect a cure with diligent effort, but in any event not to exceed <br /> ninety (90) days from the date that the University receives written Notice of Default from the <br /> County. <br /> 104. The County may issue the University a Notice of Default upon the occurrence of <br /> the following events: if the University abandons or vacates the entire LFG Project or removes <br /> fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br /> except for such removal that may be undertaken during maintenance, upkeep, or in the normal <br /> 28 <br /> (00018638.DOC 24) <br />