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2009-004 Solid Waste - UNC - Landfill Gas Agreement
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2009-004 Solid Waste - UNC - Landfill Gas Agreement
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Last modified
7/17/2015 9:42:53 AM
Creation date
7/29/2009 12:27:50 PM
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BOCC
Date
2/17/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4l
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Agenda - 02-17-2009 - 4l
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-17-2009
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52. Term has the meaning set forth in Paragraph 97 and shall include any Extension <br />Period. <br />53. Waste Materials means collectively, any chemical, waste, material or substance <br />that is listed or regulated under applicable Enviromnental Laws as a "waste" or as a "hazardous," <br />"special" or "toxic" substance or waste, or as a "contaminant" or "pollutant" or words of similar <br />import, including, without limitation, petroleum, petroleum products and byproducts. <br />ARTICLE II <br />RESPECTIVE RIGI3TS AND OBLIGATIONS OF TI3E PARTIES <br />A. Rights Granted to University <br />54. The County hereby grants to the University the sole and exclusive right to (a) <br />design, develop, and construct the LFG Project; (b) collect, extract and remove Landfill Gas <br />from the Landfill; (c) produce energy fiom the Landfill Gas for the University's own use, or for <br />sale to one or more third parties or the electrical grid; (d) derive Enviroiumental Benefits from the <br />treatment, destruction and use of the Landfill Gas; and (e) do, at the Landfill, consistent with the <br />University's obligations in Articles II and III hereunder, .all things necessary to carry out (i) the <br />permitting, development, construction, and operation of the LFG Project; (ii) the collection, <br />extraction, and removal of the Landfill Gas; (iii) the production of electrical or thermal energy; <br />and (iv) the redirection, redelivery, transport or marketing of the Landfill Gas, or any portion <br />thereof, to any third party. Provided, however, that the County expressly retains all rights in the <br />Landfill Gas necessary to operate the Landfill in accordance with the Landfill Permits and all <br />applicable Laws. <br />55. The University agrees to flare any Landfill Gas delivered to the Delivery Point <br />that is not transported by the University to the Gas Conversion Systerm as follows: (i) during the <br />period occurring after the Flare Start-up Date and before the Engine Start-up Date; (ii) in the <br />12 <br />
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