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26 <br />LANDFILL GAS AGREEMENT <br />This Agreement is entered into as of December __, 2008 (the "Closin,gLDate"), between <br />Orange County, North Carolina (the "Coon ') and the University of North Carolina at Chapel <br />Hill (the "University"). The County and the University are sometimes hereinafter referred to <br />individually as "Party" and collectively as "Parties: ' <br />RECTTALS <br />WHEREAS, the University is the flagship public research university of the State of <br />North Carolina located in Chapel Hill, North <br />~1=: ^C <br />WHEREAS, the University desires, in furth~r.,,.~ce of i '~'~~University Sustainability Policy <br />and the sustainabili ob"ectives associated with the ro ~~s~i~Carolina North Campus, to pursue <br />~' J p p ~_ 1} <br />4«3 <br />7_~{ <br />and implement projects in cooperation with community partn`t'°s~~`;that .preserve natural resources, <br />-,,,_ <br />,, <br />conserve energy, reduce hazardous emissions, and lessen overall envir~unental impacts; <br />WHEREAS, the Cau a good steward of the environment and a leader in the growth, <br />~:pr <br />_: <br />~~ ~~=~~~ <br />development, and sus_tari~;bility of`tbehcommunity, desires to partner with the University in its efforts <br />,~-r ~, <br />to meet the goals of the Unlverslty,~ ~~ at`'tnar~hty Policy and its other sustainability efforts; <br />. ~~~ <br />WHEREAS, the Unive~sxtThas determined that to help achieve these objectives it will work <br />cooperatively with the County to extra'andfill gas from the Orange County Landfill, an 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 removilag 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 Eubanks Road, approximately 1.3 <br />3 <br />{00018638.DOC 16} <br />