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LANDFILL GAS AGREEMENT <br /> This Landfill Gas Agreement (the "Agreement") is entered into as of February 17, 2009 <br /> (the "Effective Date"), between Orange County, North Carolina (the "County") and the <br /> University of North Carolina at Chapel Hill (the "University"). The County and the University <br /> are sometimes hereinafter referred to individually as"Party" and collectively as"Parties." <br /> RECITALS <br /> WHEREAS, the University is the flagship public research university of the State of <br /> North Carolina located in Chapel Hill,North Carolina; <br /> WHEREAS, the University desires, in furtherance of its University Sustainability Policy <br /> and the sustainability objectives associated with the proposed Carolina North Campus, to pursue <br /> and implement projects in cooperation with community partners that preserve natural resources, <br /> conserve energy,reduce hazardous emissions, and lessen overall environmental impacts; <br /> WHEREAS, the County, as a good steward of the environment and a leader in the growth, <br /> development, and sustainability of the community, desires to partner with the University in its efforts <br /> to meet the goals of the University Sustainability Policy and its other sustainability efforts; <br /> WHEREAS,the University has determined that to help achieve these objectives it will work <br /> cooperatively with the County to extract landfill gas from the Orange County Landfill, and to convert <br /> that gas into energy to supply power and heat for the University's Carolina North Campus while at <br /> the same time removing significant quantities of greenhouse gases from the atmosphere; <br /> WHEREAS, the County desires, in furtherance of the health and well-being of its citizens <br /> and the fiscal soundness of the County, to enter into this Agreement with the University to make <br /> beneficial use of Landfill resources and to generate revenue for the County from the sale of LFG; <br /> WHEREAS, the County owns and operates the Orange County Landfill (NC Solid <br /> Waste Parcel 68-01) located on the north and south side of Eubanks Road, approximately 1.3 <br /> 3 <br /> {00018638.DOC 24} <br />