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2 . No action, suit, proceeding or official investigation shall have been <br /> commenced by any federal , state or local government authority or agency, in any federal , <br /> state or local court, that seeks to enjoin , assess civil or criminal penalties against, assess <br /> civil damages against or obtain any judgment, order or consent decree with respect to any <br /> Party to this Agreement as a result of such Party ' s negotiation, execution, delivery or <br /> performance of this Agreement or its participation or intended participation in any <br /> transaction contemplated thereby . <br /> 3 . After the Effective Date and on or before the Commencement <br /> Date , no change in, addition to or deletion of any provision of any applicable federal , <br /> state or local law, statute , regulation or interpretation thereof by any applicable regulatory <br /> authority, shall be made which would, if effective, make the execution or performance by <br /> the District of any provision in this Agreement, a violation of any law, statute or <br /> regulation . <br /> 4 . Within ninety ( 90) days after the Effective Date of this Agreement , <br /> the Parties have executed a mutually acceptable agreement for the delivery, acceptance , <br /> and use of the District ' s Landfill Gas , based on the general concepts set forth in this <br /> Agreement . The Landfill Gas Agreement shall be attached to this Agreement as Exhibit <br /> 3 -C , <br /> 5 . Before the LFG Commencement Date , the Company certifies to <br /> the District that (a) the Company has successfully completed its start-up and shakedown <br /> testing of the Company ' s system for conveying and using Landfill Gas in the Facility, (b) <br /> the system is fully operational , and (c) the system is capable of transporting and the <br /> Facility is capable of using all of the Landfill Gas produced by the Landfill , up to a <br /> minimum design capacity of one thousand ( 1 , 000) standard cubic feet of LFG per minute . <br /> 6 . Before the Commencement Date , the Company confirms that the <br /> LFG Commencement Date shall occur no later than ninety (90) days after the <br /> Commencement Date . <br /> 7 . Before the Commencement Date , the Company certifies to the <br /> District that ( a) the Company has successfully completed its start-up and shakedown <br /> testing of the Facility , (b) the Facility is fully operational , and (c) the Facility is capable <br /> of Processing all of the District ' s Acceptable Waste . <br /> 11 <br />