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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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event that LFG generated by the Landfill exceeds the capacity of the Gas Conversion System, as <br />determined by the University in accordance with good engineering practices and industry <br />standards; (iii) during Gas Conversion System maintenance, repair, or associated downtime; (iv) <br />as reasonably necessary to protect Human health, safety, or the environment; and (v) during the <br />pendency of a Force Majeure event affecting the Gas Conversion System. <br />56. The University shall have the right to use and access portions of the Landfill and <br />such other property depicted on Exhibit C to carry out the development, construction, and <br />operation of the LFG Project, including any activities necessary to evaluate the feasibility. of the <br />LFG Project, or the design and permitting of the LFG Project. The County agrees to make <br />commercially reasonable efforts to assist the University, whenever feasible, in accessing any <br />parcel of property not owned solely by the County that is necessary for the construction and <br />operation of the LFG Project, including the Greene Tract. <br />57. The County shall grant the University, without additional University paymment <br />beyond the compensation set fol-th in this Agreement, such easements and rights of way tluough <br />the Landfill site and other property owned solely by the County as maybe necessary to drill gas <br />extraction wells, lay pipelines, lateral 1iiles, header lines, and any other part of the LFG Project <br />infiastructure as contemplated by this Agreement, including, without limitation, the easements <br />and rights of away set forth. on Exhibit C. The County also grants the University, without <br />additional University payment beyond the compensation set forth in this Agreement, licenses or <br />other approvals to install utility lines on the Landfill and other property owned solely by the <br />County for the LFG Project. The Parties agree that in the event the County is unable to grant the <br />easements and rights of way set forth on Exhibit C or otherwise breaches any of its duties or <br />obligations under this Paragraph 57, (i) the University's sole and exclusive remedy shall be the <br />13 <br />
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