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ARTICLE II. CONDITIONS PRECEDENT TO COMMENCING OPERATIONS Section 2 . 1 Conditions Precedent to Beginning Operations . A . General . On and after the Effective Date , the Parties shall proceed in good faith and with due diligence to satisfy the conditions precedent ("CP") set forth below . Unless the conditions precedent set forth in this Section 2 . 1 have been satisfied on or before the Commencement Date or waived by mutual agreement of District and Company, or unilaterally waived by one Party as to a condition precedent that is totally within the other Party ' s control , the Parties ' obligations under Articles III and IV of this Agreement shall not take effect. On and after December 31 , 2013 , if any condition precedent in this Section 2 . 1 is not satisfied or waived, either Party , by notice in writing to the other Party , may terminate this Agreement. Neither Party shall be liable to the other for termination of this Agreement pursuant to this Section 2 . 1 , and each of the Parties shall bear its respective expenses attributable to the transactions herein contemplated . Notwithstanding the foregoing, neither Party shall be relieved of its obligations hereunder by the failure to satisfy any condition precedent, the satisfaction of which is solely within such Party ' s control . Each Party shall promptly notify the other Party , in writing , when all of its conditions precedent to its obligations have been satisfied or have been waived in writing by the Party whose obligation is conditioned thereon or have been mutually waived (the " Satisfaction of CP ") . B . Commencement Date . Upon the Satisfaction of CP by both Parties , the District and Company shall mutually establish the Commencement Date , which shall be not more than thirty ( 30) days from the date of Satisfaction of CP . The Commencement Date shall not be more than ninety ( 90) days before the Landfill Gas Commencement Date . Beginning on the Commencement Date and continuing thereafter throughout the term of this Agreement, ( 1 ) the District shall deliver or direct the delivery of Acceptable Waste to the Facility Site, (2 ) the Company shall receive and Process such waste , and ( 3 ) the Company shall accept and use the County ' s LFG , subject to the conditions herein. C . Waste Deliveries Prior to Commencement Date . Upon request, the District shall instruct its Contractors (if any) and Franchisees , to the extent necessary, to deliver Acceptable Waste to the Facility Site prior to the Commencement Date . The Acceptable Waste may be used by the Company for start-up and shakedown testing of the Facility , or to establish a stockpile for future use , or other similar purposes . The Company shall provide at least thirty (30) days advance notice concerning the amount of waste needed and the proposed dates for delivery . The District shall make a good faith effort to satisfy the Company ' s requests , but the District makes no guarantees concerning 9