Orange County NC Website
Browse       Search
51 <br />the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br />remainder of the Term. <br />C. Termination Rights of the Coun <br />103. The County may issue the University a Notice of Default if the University fails to <br />make any of the payments due hereunder in accordance with this Agreement. If the University <br />Y~ <br />fails to cure the a ent default within forty-five (45) days after tl~date of the written Notice of <br />P ym ~;~„; ~,, <br />Default, then the County may issue the University a Notice <br />104. The County may issue the University a Notice of Defaa ~ the University <br />breaches any of its material duties or obligations under this Agreement (other th~ala lh making of <br />payments in accordance with this Agreement, the termination of which is covered by Para~ranh <br />103 hereunder) and such breach is <br />Agreement. If the University does not <br />County's written Notice of Default, the <br />Termination. Provided, however, that if by the n, <br />can be achieved but not within forty=five (45) <br />the County's rights and benefits under this <br />within forty-five (45) days after the <br />J> <br />may issue the University a Notice of <br />the breach the County agrees that a cure <br />and that after receipt of such notice the <br />iiv~has beQUrii~`effect a cure without undue delay, then the University shall have such <br />times as i s reasonably requlr'~~t::; o effect a cure with diligent effort, but in any event not to exceed <br />ninety (90) d~a3~ ~~;;.:,.om the dot ~ that the University receives written Notice of Default from the <br />j~',~ .,,~~~ <br />County <br />~,.~'. <br />105. The Cd-iinty may issue the University a Notice of Default upon the occurrence of <br />the following events: if the University abandons or vacates the entire LFG Project or removes <br />fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br />except for such removal that may be undertaken during maintenance, upkeep, or in the normal <br />course of business. If the University fails to cure such default within forty-five (45) days after <br />28 <br />{00018638.DOC 16} <br />