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51 <br />the University is unable to use the LFG as a fuel source and is unable to flare the LFG for the <br />remainder of the Term. <br />C. Termination Rights of the Coun <br />103. The County may issue the University a Notice of Default if the University fails to <br />make any of the payments due hereunder in accordance with this Agreement. If the University <br />~,: . <br />k~~d~ <br />fails to cure the payment default within forty-five (45) days after tkeQdate of the written Notice of <br />~~ <br />Default, then the County may issue the University a Notice <br />104. 'The County may issue the University a Notice of Def`a`` ~~if the University <br />breaches any of its material duties or obligations under this Agreement (other that ~.~'e making of <br />~' <br />payments in accordance with this Agreement, the termination of which is covered by Paragraph <br />103 hereunder) and such breach is ma ,,'..n~l:T,~o the County s rights and benefits under this <br />~ ~~ ~h~ <br />Agreement. If the University does not c `eti such <br />.tit <br />County's written Notice of Default, the <br />Termination. Provided, however, that if by the <br />within forty-five (45) days after the <br />ma ~`ssue the University a Notice of <br />Y ~~ <br />the breach the County agrees that a cure <br />~~ <br />can be achieved but not within forty=five (45) days, and that after receipt of such notice e <br />~,~ ~^"~` <br />~"~ ~~r <br />Universit~;~has begun~~tz~;effect a cure without undue delay, then the University shall have such <br />. '` "~. ~ <br />times as i 5 r~ onably requir ,~to effect a cure with diligent effort, but in any event not to exceed <br />_<~~ <br />~, <br />~~~~,.„E. ~ a~ <br />ninety (90) d~a3~om the dt'' that the University receives written Notice of Default from the <br />i <br />H.. <br />S t <br />County." <br />~ fl n4 <br />the following events: if the University abandons or vacates the entire LFG Project or removes <br />fixtures or equipment such that neither the flare nor the Gas Conversion System can operate, <br />except for such removal that may be undertaken during maintenance, upkeep, or in the normal <br />course of business. If the University fails to cure such default within forty-five (45) days after <br />2$ <br />105. The C ~ linty may issue the University a Notice of Default upon the occurrence of <br />{00018638.DOC 16} <br />