Orange County NC Website
54 <br />expiration or termination of this Agreement, the Parties will enter into good faith negotiations to <br />determine the Fair Market Value of such equipment pursuant to this Paragraph 111. <br />a. The term "Fair Market Value" shall mean the value which would be <br />obtained for the equipment comprising the LFG Collection System that is <br />the subject of the University's offer for sale in an arm's length transaction <br />~:. - `~ <br />between an informed and willin bu er urn e~ no com ulsion to bu ,and <br />g Y ,,. ~~. -,. p Y <br />~,~„- <br />an informed and willing seller under ni',;ompuls~t~h~to sell, based upon e <br />,_A <br />~=~~,. <br />use of the University's LFG Collection System as an ~ n ~. ing enterprise in <br />j=sM~~.~ <br />_~.-~ - -~ <br />its then current condition utilizing generally recogniz~+d~~'professional <br />criteria for the appraisal of industrial property used in the landfill gas <br />business. ~~ <br />-~ ~ ~~~~ <br />~~~.IE.~r+ i~Y- <br />b. If the County and the y~- niversi ~, .cannot agree on a Fair Market Value for <br />4 fe ~`' ~v Fr' r <br />the equipment compr~sm~g~~he LFG Collection System that is the subject of <br />the University's offer <br />then such Fair Market Value shall be <br />determined in an appraisal by an independent, qualified, <br />recognized appraiser of industrial property similar to the <br />'s LFG Collection System. <br />ARTICLE VII <br />PURCHASE AND SALE OF LFG <br />A. The University's Purchase Obligations <br />112. Subject to the terms and conditions of this Agreement, the County shall sell, and <br />the University shall accept and purchase, all of the LFG that is delivered to the Delivery Point. <br />31 <br />initiation. of good faith <br />within thirty (30) Days following the <br />{00018638.DOC 16} <br />