32
<br />insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, hurricanes,
<br />floods, high-water washouts, arrests and restraints of governments and people, strikes, lockouts,
<br />protests, or other industrial disturbances, civil disturbances, explosions, catastrophic events such
<br />as breakage or accident to machinery or lines of pipe caused by an event of Force Majeure,
<br />enactment of statutes, laws or regulations, and other acts of Governmental Authorities (excluding
<br />acts by a Party) frustrating the purposes of this Agreement. Force Majeure shall in no event
<br />include (i} any change in the economy or in the markets, pricing or demand for natural gas or
<br />~~~,
<br />LFG that affects the University's ability to use LFG, o,.;,t~e pace at which LFG or natural gas can
<br />,'~~
<br />be sold, or (ii) increases in the cost of constructing o~ operating ,4e LFG Project.
<br />~~
<br />`~
<br />2~. Gas Conversion System shall mean an~ e~ai~pment used by the University to
<br />,,~~
<br />-:~~.
<br />convert the Landfill Gas into thermal or electric energy, includtig~an engine, generator or bo er.
<br />~r
<br />29. Gas I+'low Meter shall mean the device(s) used tpy°measure the rate of Landfill
<br />x~-~;, -
<br />Gas flow, methane conten;3 ether parameters.
<br />''~ ~-~fi
<br />30. Gas~v~~,means arliy LFG delivered to the Delivery Point.
<br />31. Global Wa ~ r~ ~ ~ ~ ~~ ~M for ,,ti WP means the ,estimate of the atmos heric
<br />~ot.~~t,~~a. , ~r ,~,~'G p
<br />warming resulting from the rele'as `~~ a unit mass of a particular Greenhouse Gas, in relation to
<br />~ '~` la h
<br />the warming resulting from the releasf the same amount of carbon dioxi e.
<br />32. Governmental Authority means any federal, state, local or foreign court,
<br />arbitrator, alternative dispute resolution body, government or political subdivision or department
<br />thereof, or any governmental, administrative or regulatory body, commission, board, bureau,
<br />agency or instrumentality.
<br />33. Greenhouse Gases or GHGs means carbon dioxide, methane, nitrous oxide,
<br />hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride
<br />9
<br />{00018638.DOC 16}
<br />
|