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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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in accordance with its provisions. Upon the expiration of the initial Tern, the University shall <br />have the right, to the exclusion of any other entity, to renew this Agreement for up to two (2) <br />consecutive periods of five (5) years each (each five-year period beyond the initial 20-year <br />period shall be termed an "Extension Period.") At the expiration of the initia120-year term, or an <br />Extension Period other than the second Extension Period, this Agreement shall be deemed <br />extended for an additional five-year period unless the University gives written notice to the <br />County of the University's intent not to extend this Agreement no later than ninety (90) days <br />prior to the expiration of the preceding period. All provisions in this Agreement shall continue <br />in effect during any Extension Period except as those tei-~ns may be otherwise modified by the <br />Parties. Before the scheduled expiration date of the second Extension Period, the University <br />shall have the right of entering into exclusive negotiations with the County for a period of one- <br />hundred twenty (120) days for the purposes of negotiating a new or revised agreement relating to <br />the LFG Project. The University shall notify the County in writing of the University's decision <br />to exercise this right no later than one (1) year prior to the expiration date of the second <br />Extension Period. <br />98. Termination Procedures. In order to terminate this Agreement under this Article <br />VI, and except as provided in Paragraph 101, a Party must first issue the other Party a Notice of <br />Default in accordance with the provisions set forth below. The Party in receipt of such Notice of <br />Default shall then have the opportunity to cure the identified default within the specified cure <br />period. If the Party in receipt of such Notice of Default fails to cure the specified default within <br />the cure period, then the other Party may issue a Notice of Tei-~nination. Upon issuance, such a <br />Notice of Tei7nination shall be deemed a Notice of Dispute for purposes of Article XI of this <br />Agreement and such Notice of Termination shall be submitted to dispute resolution in <br />26 <br />
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