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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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accordance with that Article. Subject to Article XI and except as otherwise provided in this <br />Agreement, the termination rights provided in this Article VI are not in lieu of, but are in <br />addition to, any other rights and remedies either Party may have under the circumstances. <br />A. Termination Rights of the University <br />99. The University may issue the County a Notice of Default if the County breaches <br />any of its material duties or obligations under this Agreement and such breach is material to the <br />University's rights and benefits under this Agreement. If the County does not cure such breach <br />within forty-five (45) days after the date of the University's written Notice of Default, the <br />University may issue the County a Notice of Termination. Provided, however, that if by the <br />nature of the breach, the University agrees that a cure can be achieved, but not within forty-five <br />(45) days, and that after receipt of such notice the County has begun to effect a cure without <br />undue delay, then the County shall have such time as is reasonably required to effect a cure with <br />diligent effort, but in any event not to exceed ninety (90) days from the date of the written Notice <br />of Default from the University. <br />100. If, prior to 2029, the LFG generation rate falls below an average of 190 cfim over <br />a consecutive one hundred eighty (180) day period due to no fault of the University, the <br />University may issue the County a Notice of Default. If the LFG generation rate does not exceed <br />an average of 190 cfim within the ninety (90) day period after the date of the Notice of Default, <br />then the University may issue the County a Notice of Termination. <br />B. Miscellaneous Termination Events <br />101. This Agreement may be terminated by mutual agreement of the Parties. In <br />addition, this Agreement shall terminate (without a cure period) if (a) the University's use of <br />LFG as a fuel source and for flaring should become unlawful due to no fault of the Parties; or (b) <br />the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and <br />27 <br />
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