Orange County NC Website
46 <br />omissions of which the County has knowledge, in any of the landfill reports it has prepared or <br />furnished to the University. <br />85. The University represents and warrants that it has legal authority anal right to <br />make and enter into the Agreement. <br />B. The Co~anty's Representations <br />.=:: <br />.~ <br />86. The County represents and warrants that it has ~ simple title to the Landfill <br />~~ - ` <br />~~~ <br />Property. ~r~m <br />`l <br />~~~~ . <br />87. The County represents and warrants that it has not ma pan assignment or <br />-~. <br />Ri f...r <br />:i_,~c i~l~,~,,, <br />agreement to sell to any party other than the University the right to extract, colt ~,cs~~use, or sell <br />the Landfill Gas. <br />88. The County represents <br />as Exhibit E, previously submitted to <br />Natural Resources and performed in <br />arrants that, based upon calculations attached hereto <br />e~Nor~li~ .(-`ar~-lina Department of Environment and <br />~~ ~, <br />rdaiG ~cvith 40 ~'~'.R. Part 60, Subpart WWW, the <br />~~. <br />Landfill is not subject to the New Source <br />Landfills, 40 C.F.R. Part 60, Subpart WWW <br />Standards for Municipal Solid Waste <br />("NSPS") or the Emission Guidelines and <br />Compliance Times for Municipal Solid Waste Landfills, 40 C.F.R. Part 60, Subpart Cc (2007) <br />("Emission Guidelines"). <br />89. The County represents and warrants that it has all environmental permits, <br />authorizations, and approvals that are legally required to operate the Landfill, exclusive of any <br />permits, authorizations, and approvals that maybe necessary for the LFG Project. <br />90, The County represents that, in entering into this Agreement, it has relied upon its <br />own estimates of the economic benefits of the LFG Project and has not relied upon any economic <br />or financial model prepared by the University or its consultant(s) as an inducement for entering <br />into this Agreement. The University sha11 promptly inform the County, however, of any errors, <br />23 <br />{00018638.DOC 16} <br />