Orange County NC Website
course of business. If the University fails to cure such default within forty-five (45) days after <br /> the date of the written Notice of Default, then the County may issue the University a Notice of <br /> Termination. <br /> 105. The County may issue the University a Notice of Default if the University <br /> operates neither the Gas Conversion System nor the flare for a period of one hundred eighty <br /> (180) consecutive days except(i) for a Force Majeure event, and(ii) at the beginning of the Term <br /> before the Gas Conversion System and flare have become operational. If the University fails to <br /> re-commence continuous operation of either the Gas Conversion System or the flare within <br /> forty-five (45) days after the date of the Notice of Default, then the County may issue the <br /> University a Notice of Termination. <br /> D. Rights Upon Termination or Expiration <br /> 106. Survival of Selected Provisions. Notwithstanding the expiration or earlier <br /> termination of this Agreement for any reason however described, the following terms of this <br /> Agreement shall survive any such expiration or termination: Article I, Article V, Subparts C and <br /> D of Article VI, Article VII,Article X,Article XI, and Article XIII. <br /> 107. LFG Collection System. Following the expiration or termination of this <br /> Agreement, the University shall have the right to dismantle and remove from the Landfill or <br /> other County-owned property all or any portion of the equipment comprising the LFG Collection <br /> System. In the alternative, the University may elect to offer for sale to the County all or any <br /> portion of the equipment comprising the LFG Collection System for its Fair Market Value. If <br /> the University decides to dismantle and remove all or any portion of the equipment comprising <br /> the LFG Collection System, it shall perform such removal consistent with applicable Laws and <br /> any applicable provisions of the Landfill Permits and LFG Project Permits. The University shall <br /> permanently seal and cap all openings for pipes or equipment left in the Landfill in accordance <br /> 29 <br /> (00018638.DOC 24} <br />