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50 <br />Article VI are not in lieu of, but are in addition to, any other rights and remedies either Party may <br />have under the circumstances. <br />A. Termination lti~hts of tl~e University <br />100. The University may issue the County a Notice of Default if the County breaches <br />any of its material duties or obligations under this Agreement and such breach is material to the <br />University's rights and benefits under this Agreement. If the County does not cure such breach <br />within forty-five (45) days after the date of the University's written Notice of Default, the <br />~~ <br />University may issue the County a Notice of Te ' ~.~ ion. ~ 'Provided, however, that if by the <br />nature of the breach, the University agrees that ~ ~ulce~~can be achieved, but not within forty-five <br />a~ ~~ <br />(45) days, and that after receipt of such notice the Co~`iu,~t ` has begun to effect a cure without <br />undue delay, then the County shall have such time as is reasonabl~A r~equ~lred to effect a cure with <br />~~ <br />diligent effort, but in any event not to exceed ninety (90) days from~the date of the written Notice <br />of Default from the Univer~ ~°~~-~~ <br />101. If, pr,li~2029~tbT.,FG generation rate falls below an average of 190 cfin over <br />~~. <br />~3. <br />a consecutive one hundre`di e ~+ts` (1$iJ);Nd~.y ..period due to no fault of the University, the <br />~ -~ <br />University may issue the County`j` mice of Default. If the LFG generation rate does not exceed <br />an average of 190 cfm within the nin~"t~90) day period after the date of the Notice of Default, <br />~`' <br />then the University may issue the County a Notice of Termination. <br />B. Miscellaneous Termination Events <br />102. This Agreement may be terminated by mutual agreement of the Parties. In <br />addition, this Agreement shall terminate (without a cure period) if (a) the University's use of <br />LFG as a fuel source and for flaring should become unlawful due to no~fault of the Parties; or (b) <br />the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and <br />cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that <br />27 <br />{00018638.DOC 16} <br />