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50 <br />Article VI are not in lieu of, but are in addition to, any other rights and remedies either Parry may <br />have under the circumstances. <br />A. Termination ltishts of the University <br />100. The University may issue the County a Notice of Default if the County breaches <br />any of its material duties or obligations under this Agreement and such breach is material to the <br />University's rights and benefits under this Agreement. If the County does not cure such breach <br />within forty-five (45) days after the date of the Uluversiry's written Notice of Default, the <br />~,~~~ <br />University may issue the County a Notice of Te ' - ti"on."~Provided, however, that if by the <br />~' <br />nature of the breach, the University agrees that ~'cutr~~~can be a~~eved, but not within forty-five <br />(45) days, and that after receipt of such notice the County Elias begun to effect a cure without <br />undue delay, then the County shall have such time as is reasona~ required to effect a cure with <br />'a`^;. <br />~~~,a~.~ <br />~~,_, <br />diligent effort, but in any event not to exceed ninety (90) days fromfilie date of the written Notice <br />of Default from the Univer~t~`: ~ . <br />101. If, pa-,tc~2029,~,~ZFG generation rate falls below an average of 190 cfm over <br />,, ~~ <br />a consecutive one hundre ~ ~;Geig}~t~ (1 ~,',.i~l~-day~ ~ oriod due to no fault of the University, the <br />University may issue the Count~a 1~"mice of Default. If the LFG generation rate does not exceed <br />~:,.,.. <br />an average of 190 cfin within the ' ~;; ~ (90) day period after the date of the Notice of Default, <br />then the University may issue the County a Notice of Termination. <br />B. Miscellaneous Termination Events <br />102. This Agreement may be terminated by mutual agreement of the Parties. In <br />addition, this Agreement shall terminate (without a cure period) if (a) the University's use of <br />LFG as a fuel source and for flaring should become unlawful due to no-fault of the Parties; or (b) <br />the LFG Project Permits or authorizations expire or are revoked due to no fault of the Parties and <br />cannot be renewed or reinstated due to no fault of the Parties despite their best efforts, such that <br />27 <br />{00018638.DOC 16} <br />