Agenda - 12-11-2008 - 3a - Laserfiche WebLink

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28 WIIEREAS, The County and the University desire to cooperate in the design, installation, and operation of the LFG Project because of the project's environmental, public, and economic benefits. NOW, T]~EREFORE, in consideration of the mutual agreements, representations, warranties, and covenants contained in this Agreement, and o~:ier good and valuable ~;.,~. consideration, the recei t of which is hereb acknowled ed, the P„_y~ es hereb a ee as follows: p Y g _ ~_,~_ ~, Y ~' ARTICLE I `~ "~~ . .ti l2EF'INITIONS ~_ 4 1. Adjusted BTU Equivalent Price means (a) in 2010, $9.00 per '-5,,~ ' tu, and (b) each calendar year during the Term of the Agreement thereafter, $9.00 per MMBtu as adjusted upward on an annual, compounding basi Prices are set forth on ExhibitA to this 2. Approvals shall mean the o percent (2%). The Adjusted BTU Equivalent nt q~Y Projectermits, easements, rights-of--way, consents, authorizations and other approvals that~may~be necessary for the University to install, construct, operate, maintain and repair the LFG Prciject. _-q,.~~,~T ~~~w - Avera~~r~:' ._~.~owance Market Price means the average monthly market price in U.S`~ ollrs~,as determine .b.. the methodolo established by the Carbon Price Consultant in j~_~., gr' accordance w~i#h~I?araaraph 1 ~i`-13 of this Agreement, attributed to one Emission Allowance created ~~»~~ ,~° under federal legis~~'~ioxt,~-fihe United States enacting aCap-and-Trade System to regulate GHG emissions. 4. BTU shall mean British Thermal Unit. 5. BTU Equivalent Price shall be determined monthly in advance as the Transco, zone 3 Pricing Point "midpoint" settlement price for natural gas published in the report named "Monthly Gas Price Assessments -Inside FERC" published by McGraw Hill Company. The 5 {ooors6ss.noc r6}