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93. The County shall be solely responsible for the operation, maintenance, closure, <br />and post-closure of the Landfill, exclusive of the LFG Project. The County shall also be <br />responsible with respect to the Landfill, exclusive of the LFG Project, for (a) operating and <br />closing the Landfill in compliance with all Landfill Permits and applicable Laws; (b) responding <br />to any notices of violation or compliance inquiries; (c) defending any enforcement actions; (d) <br />resolving any claims; and (e) paying any associated penalties. <br />94. Except to the extent caused by the negligent installation, construction, operation, <br />maintenance, or repair of the LFG Collection System by the University (or its contractors and <br />agents), the County shall be solely responsible for defending any claims relating to the off-site <br />migration of LFG or odors, pollution, or nuisance conditions directly caused by such migration, <br />including claims brought by a regulatory agency, neighboring residents, businesses, or third <br />parties. <br />95. In no event shall either Party be liable to the other Party for consequential, <br />incidental, punitive, exemplary or indirect damages, including, but not limited to, loss of profits <br />or revenue, downtime costs, loss of use of any property, or cost of substitute equipment or <br />facilities, whether arising in tort, contract or otherwise. This provision shall survive the <br />expiration or ternination of this Agreement. <br />96. Nothing in this Agreement is intended by the Parties nor shall be construed as a <br />waiver of any sovereign or other immunity to which either Party may be entitled to the fullest <br />extent allowed by Law. <br />ARTICLE VI <br />TERM AND TERMINATION <br />97. The initial tern of this Agreement shall commence on the Effective Date and <br />shall expire on December 31, 2029, or on such other date on which this Agreement is terminated <br />25 <br />