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

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45 does not occur within thirty-five (35) months after the Effective Date, the Flare Percentage shall be adjusted to equal ten and ninety-five one-hundredths percent (10.95%) for the purpose of calculating any Flare Payment under this Agreement and shall remain at such percentage until the occurrence of the Engine Start-up Date or five (5) years after the Effective Date. If the Engine Start-up Date does not occur within five (5) yeazs after the N_-_~ ective Date, the Flare {{ ~~ Percentage shall be adjusted to equal sixteen and six-tenths per.: j~;y, (16.6%) for the purpose of calculating any Flare Payment under this Agreement and sh`a11 remat~%t.~such percentage until the occurrence of the Engine Start-up Date. Commencing thirty (30) days af~r~t~he Closing Date .., .,.~ of this Agreement, the University shall hold monthly progress meetings to clis,uss progress ~~ toward achieving these completion dates including the status of the construction of the components of the LFG Project. The attend such progress meetings and the advance written notice of the location and ti meeting minutes .to the County following such attendance at su~.c~~:l. meetings. fns r==~~,,~ ~ .~~3 ARTICLE N ~~ {;f ~t I'~9 '~' '~~~~REPRESENTATIONS OF TH ~~ ~ ~~~ x ~ A. ~e UniversitY~=s Representations meetings regazdless of the County's "~ 84. The`~l~rz~er~,-i represents and warrants that, in entering into this Agreement, it has relied upon its ova estimates of Landfill Gas volumes, based upon publicly available waste disposal records and standard modeling assumptions and projections. The University further represents that it has not relied upon Landfill Gas generation reports, drawings, and analysis provided by the County or its consultant as an inducement for entering into this Agreement. The County shall promptly inform the University, however, of any errors, miscalculations, or 22 ty shall invite representatives of the County to the County with reasonable ~~.,,~ ~ -.. meet~ugs. The University shall distribute {00018638.DOC 16}