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WI3EREAS, The County and the University desire to cooperate in the design, <br />installation, and operation of the LFG Project because of the project's enviromnental, public, and <br />economic benefits. <br />NOW, THEREFORE, in consideration of the mutual agreements, representations, <br />waiTanties, and covenants contained in this Agreement, and other good and valuable <br />consideration; the receipt of which is hereby acknowledged, the Parties hereby agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per MMBtu, and (b) <br />each calendar year during the Tenn of the Agreement thereafter, $9.00 per MMBtu as adjusted <br />upward on an annual, compounding basis by two percent (2%). The Adjusted BTU Equivalent <br />Prices are set forth on Exhibit A to this Agreement. <br />2. Approvals shall mean the LFG Project Permits, easements, rights-of--way, <br />consents, authorizations and other approvals that may be necessary for the University to install, <br />construct, operate, maintain and repair the LFG Project. <br />3. Average Allowance Market Price means the average monthly market price in <br />U.S. dollars, as detei7nined by the methodology established by the Carbon Price Consultant in <br />accordance with ParaQrapll 122 of this Agreement, attributed to one Emission Allowance created <br />under federal legislation in the United States enacting aCap-and-Trade System to regulate GHG <br />emissions. <br />4. BTU shall mean British Thermal Unit. <br />5. BTU Equivalent Price shall be detei7nined monthly in advance as the Transco, <br />zone 3 Pricing Point "midpoint" settlement price for natural gas published in the report named <br />"Monthly Gas Price Assessments -Inside FERC" published by McGraw Hill Company. The <br />5 <br />