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3~- <br />for meeting all applicable laws and regulations pertaining to the operation of the Landfill, <br />exclusive of University's operation of the LFG Collection System. <br />4. Representations Warranties and Obligations of University <br />a) University shall install at its own expense the LFG Collection System <br />b) University shall be responsible for maintaining the LFG Collection System <br />c) University shall prepare applications to obtain all environmental and other permits which <br />may be required under applicable local, state, and federal enviromnental and other laws and <br />regulations in connection with its activities under this Agreement. <br />d) University shall use reasonable efforts to operate, maintain, repair and replace the LFG <br />Collection System in accordance with good engineering practices and industry standards <br />e) University shall use reasonable efforts to monitor the LFG Collection System in <br />accordance with all federal, state and local laws and regulations, for methane and oxygen <br />percentage by volume <br />f) University shall be responsible for the disposal of condensate regardless of whether it is <br />deemed a hazardous material. University shall have the right, if allowed by the laws of North <br />Carolina and Federal laws, to return any condensate to the Landfill <br />5. Compensation to County. <br />a) [terms to be inserted) <br />6. Liabili <br />a) University shall be responsible for: (i) damages and claims caused by University's own <br />negligence or that of their agents, servants, employees, or contractors, and (ii) damages, <br />penalties, fines, or other claims of any kind or nature resulting from the violation by University <br />of any laws or regulations that the University is responsible for complying with pursuant to the <br />terms of the Agreement, provided that such damages are shown to be directly attributable to the <br />University. <br />b) County shall be responsible for: (i) damages caused by County's own negligence or that <br />of their agents, servants, employees, or contractors, (ii) damages, penalties, fines, or other claims <br />of any kind or nature resulting from the violation by either party of any laws or regulations <br />relating to the Landfill and its operations (excluding the damages and claims described in 6(a)(ii) <br />above), and (iii) all other claims and damages of any kind or nature arising from the Landfill and <br />its operations (excluding the damages and claims described in 6(a) above), including without <br />limitation, the Landfill Collection System, flaring operations, and other operations contemplated <br />by the Agreement. <br />c) Neither party shall be liable to the other for any indirect, special, incidental or <br />consequential damages. <br />7. Term of Agreement. A minimum of 20 years, with provisions for extension, subject to <br />earlier termination if (a) the conditions precedent to "Go Decision" are not satisfied under <br />Section 8, or (b) the Agreement is terminated earlier pursuant to Section 9. <br />{00016169.DOC} <br />Page 11 of 15 <br />