Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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WHEREAS, The County and the University desire to cooperate in the design, installation, and operation of the LFG Project because of the project's environmental, public, and economic benefits. NOW, THEREFORE, in consideration of the mutual agreements, representations, warranties, and covenants contained in this Agreement, and other good and valuable consideration,the receipt of which is hereby acknowledged,the Parties hereby agree as follows: ARTICLE I DEFINITIONS 1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per MMBtu, and (b) each calendar year during the Term of the Agreement thereafter, $9.00 per MMBtu as adjusted upward on an annual, compounding basis by two percent (2%). The Adjusted BTU Equivalent Prices are set forth on Exhibit A to this Agreement. 2. Approvals shall mean the LFG Project Permits, easements, rights-of-way, consents, authorizations and other approvals that may be necessary for the University to install, construct, operate,maintain and repair the LFG Project. 3. Average Allowance Market Price means the average monthly market price in U.S. dollars, as determined by the methodology established by the Carbon Price Consultant in accordance with Paragraph 122 of this Agreement, attributed to one Emission Allowance created under federal legislation in the United States enacting a Cap-and-Trade System to regulate GHG emissions. 4. BTU shall mean British Thermal Unit. 5. BTU Equivalent Price shall be determined monthly in advance as the Transco, zone 3 Pricing Point "midpoint" settlement price for natural gas published in the report named "Monthly Gas Price Assessments — Inside FERC" published by McGraw Hill Company. The 5 {00018638.DOC 24}