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Agenda - 12-11-2008 - 3a
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Agenda - 12-11-2008 - 3a
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11/10/2010 11:59:22 AM
Creation date
12/9/2008 2:52:44 PM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
3a
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Minutes - 20081211
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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44 <br />ARTICLE ffi <br />PERMITTING AND CONSTRUCTION OF I'+ACILITIES <br />81. The installation and construction of the LFG Project shall be the sole <br />responsibility and be undertaken at the sole expense of the University, and shall be carried out in <br />compliance with the LFG Project Permits and all applicable Laws and in accordance with good <br />engineering practices and industry standards. <br />82. Except as set forth in Paragraphs 58 and 59 of this Agreement, the University <br />F <br />shall be solely responsible for securing any and all:~~ ~ pprovals, including, without limitation, <br />~~~ <br />:,; <br />preparing all permit documentation for any Land'"~vr T FG Pr~''ect Pernuts on which the Coun <br />will be the ermittee. Exhibit D contains a preliminary, ,tai not exhaustive, list of Approvals <br />:,...._. <br />that the University believes it must obtain to install, construc~~:~~erate, maintain, and repair the <br />LFG Project. The University shall, at its own expense, apply 'for and seek to obtain all <br />Approvals, including thos ~~on Exhibit D unless they are not required for the LFG Project. <br />The University '' TM~y~,~for any~sch Approval as the owner and operator of the LFG Project, <br />Tai. ~- <br />E.+G. <br />~ ~ ~:~ <br />and shall act as the "permit~e~;"~rov,.~cr'~ and,.,~.`ogerator" for such project as may be appropriate <br />~,ff ~ '?_, <br />under applicable Laws. ~~ ' <br />3;' <br />83. The University recognes that it is in the Parties' mutual best economic interest <br />for the LFG Project to be completed expeditiously. Without limiting the generality of the <br />University's obligations under Article II of.this Agreement, beginning on the Closing Date, the <br />University shall work expeditiously and in good faith to (a) complete the LFG Collection System <br />within eighteen (18) months from the Closing Date, and (b) complete the Gas Conversion <br />System within thirty-four (34) months from the Effective Date. If the University fails to <br />complete the LFG Collection System within five (5) years of the Closing Date, the County shall <br />have the right to terminate the Agreement pursuant to Article VI. If the Engine Start-up Date <br />21 <br />{00018638.DOC 16} <br />
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