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45 <br />does not occur within. thirty-five (35) months a$er the Effective Date, the Flare Percentage shall <br />be adjusted to equal ten and ninety-five one-hundredths percent (10.95%) for the purpose of <br />calculating any Flare Payment under this Agreement and shall remain at such percentage until <br />the occurrence of the Engine Start-up Date or five (5) years after the Effective Date. If the <br />Engine Start-up Date does not occur within five (5) yeazs after the r_,Y~ ective Date, the Flare <br />f+r ~w <br />clr-'+ <br />Percentage shall be adjusted to equal sixteen and six-tenths per a.~r4 (16.6%) for the purpose of <br />~= ~~ N ~ ~;.;~;~ <br />:~t~~'!~ <br />calculating any Flare Payment under this Agreement and sh rema~a ~ such percentage until <br />-~~ {~... <br />the occurrence of the Engine Start-up Date. Commencing thirty (30) days a:~erthe Closing Date <br />of this Agreement, the University shall hold monthly progress meetings to s progress <br />towazd achieving these completion dates including the status of the construction of -the <br />~,~~; _,. <br />components of the LFG Project. The I~`;`;v~rsty shall invite representatives of the County to <br />,., ~. <br />~~ ~ ~~' 7i.u~ <br />attend such progress meetings and the U ~ersrty~~~-provide the County with reasonable <br />~ n. t - 4p. <br />~Y~" <br />ance written notice of the location and tnne~df such meetings. The University shall distribute <br />adv ~ ~- <br />meeting minutes .to the County following such pi~~ogress meetings regazdless of the County's <br />*~ rs„' <br />attendance at such.~meetings. <br />~.~ ~ AR'T'ICLE IV~ <br />~~~ - <br />~~ 1~EPRESENTATIONS OF THE PARTIES <br />~~ 43e""<. j. ~~ <br />`e Universe ~ :~-s Re resentations <br />A.. ~ t1' U <br />84. The~`~ -~.Ii~ ersy represents and warrants that, in entering into this Agreement, it <br />;~~~-~ <br />Ic " <br />has relied upon its o ~x;'~estimates of Landfill Gas volumes, based upon publicly available waste <br />disposal records and standard modeling assumptions and projections. The University further <br />represents that it has not relied upon Landfill Gas generation reports, drawings, and analysis <br />provided by the County or its consultant as an inducement for entering into this Agreement. The <br />County shall promptly inform the University, however, of any errors, miscalculations, or <br />22 <br />{00018638.DOC 16} <br />