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

Browse Search

31 wetlands, land or subsurface strata), including without limitation: (i) the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; (ii) the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; (iii) the Oil Pollution Act (33 U.S.C. §§ 2701 et seq.); (iv) the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.); (v) the*~mergency Planning and _.~.~, ~.: n he Endangered Species Act Community Right-to-Know Act (42 U.S.C. §§ 11001 et seq.); ~~,~~~ (16 U.S.C. §§ 1531 et seq.); (vii) the Clean Air Act (42 U.S. ~~~§§ 74b~ ~~ ~`~seq.); (vii) the Federal e `.. -,`' Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.); (viii) the Toxic Suk~~;rces Control Act (1S U.S.C. §§ 2601 et seq.); (ix) the Hazardous Materials Transportation Act (4y'l1_~ C. §§ 5101 et seq.); and (x) all North Carolina Laws comparable to the foregoing. 20. Extension Period has the 21. Fair Market Value has the 22. Flare Percentage means five 23. Flare MMBTU ~V has the ing set forth in Paragraph 98. in Paragraph 111. (5.3%). forth in Paragraph 116. 24. . Aare Payment has the meaning set~forth in Paragraph 115. -,.~ ?~ Flare ~'it`ar~up Date shall be the date when the flare reaches steady-state commences 26. the corresponding 27. Force burning of Landfill Gas. Price means, for a year during the Term of this Agreement, Carbon Price for such calendar year set forth in ExhibitA. shall mean any cause or causes for delay of performance by a Party, which are not reasonably within the control of the Party claiming Force Majeure and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome including without limitation, acts of God, terrorism, acts of the public enemy, wars, blockades, 8 {00018638.DOC 16}