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leases or sells such equipment,then the County shall pay the University the Fair Market Value of <br /> such equipment. <br /> 110. Fair Market Value. In the event the University elects to offer for sale to the <br /> County all or any portion of the equipment comprising the LFG Collection System upon the <br /> expiration or termination of this Agreement, the Parties will enter into good faith negotiations to <br /> determine the Fair Market Value of such equipment pursuant to this Paragraph 110. <br /> a. The term "Fair Market Value" shall mean the value which would be <br /> obtained for the equipment comprising the LFG Collection System that is <br /> the subject of the University's offer for sale in an arm's length transaction <br /> between an informed and willing buyer under no compulsion to buy, and <br /> an informed and willing seller under no compulsion to sell, based upon the <br /> use of the University's LFG Collection System as an ongoing enterprise in <br /> its then current condition utilizin g generally recognized professional <br /> criteria for the appraisal of industrial property used in the landfill gas <br /> business. <br /> b. If the County and the University cannot agree on a Fair Market Value for <br /> the equipment comprising the LFG Collection System that is the subject of <br /> the University's offer for sale within thirty (30) days following the <br /> initiation of good faith negotiations, then such Fair Market Value shall be <br /> mutually determined in an appraisal by an independent, qualified, <br /> nationally recognized appraiser of industrial property similar to the <br /> University's LFG Collection System. <br /> 31 <br /> (00018638.DOC 24) <br />