Orange County NC Website
Browse       Search
cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that <br />the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br />remainder of the Tenn. <br />C. Termination Rights of the County <br />102. The County may issue the University a Notice of Default if the University fails to <br />make any of the payments due hereunder in accordance with this Agreement. If the University <br />fails to cure the payment default within forty-five (45) days after the date of the written Notice <br />of Default, then the County may issue the University a Notice of Termination. <br />103. The County may issue the University a Notice of Default if the University <br />breaches any of its material duties or obligations under this Agreement (other than the malting of <br />payments in accordance with this Agreement, the termination of which is covered by Paragraph <br />102 hereunder) and such breach is material to the County's rights and benefits under this <br />Agreement. If the University does not cure such breach within forty-five (45) days after the <br />County's written Notice of Default, the County may issue the University a Notice of <br />Termination. Provided, however, that if by the nature of the breach the County agrees that a cure <br />can be achieved, but not within forty-five (45) days, and that after receipt of such notice the <br />University has begun to effect a cure without undue delay, then the University shall have such <br />time as is reasonably required to effect a cure with diligent effort, but in any event not to exceed <br />ninety (90) days fiom the date that the University receives written Notice of Default fiom the <br />County. <br />104. The County may issue the University a Notice .of Default upon the occurrence of <br />the following events: if the University abandons or vacates the entire LFG Project or removes <br />fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br />except for such removal that may be undertalten during maintenance, uplteep, or in the normal <br />28 <br />