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58 <br />the County's payments under the following circumstances as set forth in Paragraphs 123-126 <br />hereunder: (a) beginning in 2015 and in each year thereafter during the Term the Agreement, to <br />reflect certain differences that may arise between the Average Allowance Market Prices for such <br />years and the Forecasted Carbon Prices set forth on Exhibit A for such years (the "Emission <br />Allowance Price Adjustment"); (b) to reflect changes in Global Warming Potential that may <br />arise during the Term of the Agreement (the "GWP Adjustment"); and (c) to reflect additional <br />compensation that may result from the University monetizing additional or different <br />;;:,~ _ <br />~;:;,. <br />Environmental Benefits under this Agreement (the: A iu'stment for Other Environmental <br />~' ~ <br />Benefits"). The Parties shall jointly retain the ~ar~bU,n~Price ozlsultant, beginning on or about <br />the date that the flare becomes operational, and the P~ `~, shall share equally all fees and <br />expenses payable to the Carbon Price Consultant. ~ ;~~ _ . ~. <br />123. Emission Allowance Price Adjustment. The Parti~~acknowledge that the Flare <br />and Conversion Percen ~ e been established, in part, based on the Forecasted Carbon <br />Prices set forth on Liz"`h~t~A. An~'~'djustment in the Flare and Conversion Percentages pursuant <br />J -.r~ ~ ~ ~ <br />to this Paragraph shall be l~~ ~` ed~`n a~~~ia~s~'of the Average Allowance Market Prices and <br />+~ ;~~,~. <br />~~~:;..: <br />the Forecasted Carbon Prices per~o~med pursuant to a methodology (the "Emission Allowance <br />,° ~~ <br />Price MethodoloQV") developed in ~ecbrdance with the provisions of this Paragraph by the <br />Carbon Price Consultant. No adjustments to the Flare Percentage or the Conversion Percentage <br />shall be made (i) prior to 2015, or (ii) in any month during the Term of this Agreement in which <br />a Cap-and-Trade System has not been enacted under federal legislation in the United States. <br />a. Emission Allowance Price Methodolo>~y. Not later than one hundred eighty days <br />(180) before the first month in which an adjustment is made under this Paragraph <br />123, the Parties shall direct the Carbon Price Consultant to develop a <br />35 <br />{00018638.DOC 16} <br />