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41 <br />69. The County shall allow the University to dispose at the Landfill, or at a <br />wastewater treatment plant used for the Landfill's leachate, any Waste Materials generated by <br />the LFG Project, provided such disposal is allowed under the Landfill and LFG Project Permits <br />and applicable Laws. The University shall be responsible for any additional incremental costs <br />incurred by the County for disposing of any such Waste Materials, including, without limitation, <br />additional wastewater treatment charges or surcharges. If any Waste Materials cannot be <br />lawfully disposed of at the Landfill or through the County's permits, then the University shall be <br />~~~~.. <br />~~. <br />responsible at its sole cost and expense for any n~~ ~ssary ff-site disposal of such materials <br />regardless of whether they are deemed a hazardo~'sui"1`afi~~riat or <br />~~: <br />C. 'The County's t)peratin~ ltesponslplllnes~,w13~ <br />rrir <br />70. The County agrees to maintain the landfill over accordance with any <br />applicable requirements of the Landfill Permits. The County fiu-ther agrees to make <br />commercially reasonable ,o'~ 's fio repair cracks, fissures, erosion or other adverse conditions in <br />z ~r,Y,~ <br />the Landfill that (i)~.maymatenall;~~affect the LFG Collection System's capture of Landfill Gas <br />~.. <br />or (ii) cause fugitive emissi~~'`~ ~ -Uaiic~.:~l:~Gas..fro~n the Landfill. <br />.. <br />'''"~..~ <br />71. The County steal `b~eA~ esponsible for complying with the Landfill Permits and all <br />~_~~~. <br />Laws applicable to the operation andiaintenance of the Landfill, including, but not limited to, <br />applicable provisions of the Operational Requirements for MSWLF Facilities, 15A NCAC <br />13B.1626. <br />72. The County shall make commercially reasonable efforts to develop and operate <br />the Landfill to enhance the production of Landfill Gas; provided, however, that nothing in this <br />Agreement shall obligate the County to incur any costs or expenses to enhance the production of <br />Landfill Gas or to take any action inconsistent with the terms and conditions of any Landfill <br />Permits or applicable Laws. <br />18 <br />{00018638.DOC 16} <br />