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LANDFILL GAS AGREEMENT <br />This Landfill Gas Agreement (the "Agreement") is entered into as of February 17, 2009 <br />(tlze "Effective Date"), between Orange County, North Carolina (the "County") and the <br />University of North Carolina at Chapel Hi11 (the "University"). The County and the University <br />are solnetiines hereinafter referred to individually as "Party" and collectively as "Parties." <br />RECITALS <br />WHEREAS, the University is the flagship public research university of the State of <br />North Carolina located in Chapel Hill, North Carolina; <br />WHEREAS, the University desires, in furtherance of its University Sustainability Policy <br />and the sustainability objectives associated with the proposed Carolina North Campus, to pursue <br />and implement projects in cooperation with coimnunity partners that preserve natural resources, <br />conserve energy, reduce hazardous emissions, and lessen overall enviromnental impacts; <br />WHEREAS, the County, as a good steward of the enviromnent and a leader in the growth, <br />development, and sustainability of the colmnunity, desires to partner with the University in its efforts <br />to meet the goals of the University Sustainability Policy and its other sustainability efforts; <br />WHEREAS, the University has determined that to help achieve these objectives it will work <br />cooperatively with the County to extract landfill gas fiom the Orange County Landfill, and to convert <br />that gas into energy to supply power and heat for the University's Carolina North Campus while at <br />the same time removing significant quantities of greenhouse gases from the atmosphere; <br />WHEREAS, the County desires, in furtherance of the health and well-being of its citizens <br />and the fiscal soundness of the County, to enter into this Agreement with the University to make <br />beneficial use of Landfill resources and to generate revenue for the County from the sale of LFG; <br />WHEREAS, the County owns and operates the Orange County Landfill (NC Solid <br />Waste Parcel 68-01) located on the north and south side of Eubai~lcs Road, approximately 1.3 <br />3 <br />