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WHEREAS,The County and the University desire to cooperate in the design,installation, <br /> and operation of the LFG Project because of the project's environmental, public, and economic <br /> benefits. <br /> NOW, THEREFORE, in consideration of the mutual agreements, representations, <br /> warranties,and covenants contained in this Agreement,and other good and valuable consideration, <br /> the receipt of which is hereby acknowledged, the Parties hereby agree as follows: <br /> ARTICLE I <br /> DEFINITIONS <br /> 1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per MMBtu, and (b) <br /> each calendar year during the Term of the Agreement thereafter, $9.00 per MMBtu as adjusted <br /> upward on an annual, compounding basis by two percent (2%). The Adjusted BTU Equivalent <br /> Prices are set forth on Exhibit A to this Agreement. <br /> 2. Approvals shall mean the LFG Project Permits, easements, rights-of-way, <br /> consents, authorizations and other approvals that may be necessary for the University to install, <br /> construct, operate,maintain and repair the LFG Project. <br /> 3. Average Allowance Market Price means the average monthly market price in U.S. <br /> dollars, as determined by the methodology established by the Carbon Price Consultant in <br /> accordance with Paragraph 122 of this Agreement, attributed to one Emission Allowance created <br /> under federal legislation in the United States enacting a Cap-and-Trade System to regulate GHG <br /> emissions. <br /> 4. BTU shall mean British Thermal Unit. <br /> 5. BTU Equivalent Price shall be determined monthly in advance as the Transco, <br /> zone 3 Pricing Point "midpoint" settlement price for natural gas published in the report named <br /> "Monthly Gas Price Assessments — Inside FERC" published by McGraw Hill Company. The <br /> 5 <br /> (00018638.DOC 2424) <br />