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6 . Company shall pay the rates set forth in Exhibit 3 -A for all of the Landfill Gas it receives from the District . T District shall have the exclusive right to determine, in its sole discretion , how the District ' s Landfill Gas collection system will be constructed and operated . District ' s primary goals shall be to minimize odors at the Landfill and ensure the District ' s compliance with the permits and laws governing the District ' s operations at the Landfill . 8 . District does not make and affirmatively disclaims any guarantees, representations , or warranties concerning the quality or quantity of the Landfill Gas that will be available to Company . 9 . Company reserves its right to reduce or terminate the flow of the Landfill Gas to the Facility, and thus divert part or all of the Landfill Gas to the District ' s flare, if the Facility ' s boiler is not operating, or if the sulfur content of the LFG exceeds twenty- one (2 1 ) pounds per hour. Company is not obligated to pay the District for the Landfill Gas that is diverted to the District ' s flare for these reasons . 10 . If Company fails to use all of the District ' s Landfill Gas for a period of thirty (30) consecutive days , or if the Company fails to use all of the District ' s Landfill Gas for a cumulative total of ninety (90) days within a period of three hundred and sixty- five (365 ) days , the District may terminate this Agreement by providing a notice of default pursuant to Section 6 . 2 . A, below. Notwithstanding the above, the Company shall not be in default of its obligations under this paragraph if the Company ' s LFG Assets are transporting and using the LFG at the design capacity described in Section 3 . 2 . G . 1 , above . In addition, the Company shall not be in default of its obligations under this paragraph if: (a) the Company ' s failure to use the District ' s Landfill Gas occurred because the sulfur content of the LFG exceeded twenty- one (2 1 ) pounds per hour or because of a similar problem with the quality of the LFG ; (b) the Company wishes to remedy the default caused by the elevated levels of sulfur or other constituents in the LFG ; (c) within thirty (30) days after receiving the notice of default, the Company provides the District with a reasonable , good faith plan for remedying the default as expeditiously as possible, through the use of Commercially Reasonable Efforts ; (d) the Company at all times works diligently and continuously to cure the default; and (e) the Company provides regular and frequent reports to the District concerning the status of its efforts to cure the default; provided, however, that if there is no reasonable likelihood that the Company will be able to cure the default within a reasonable period of time, the obligations of the Parties with respect to LFG (but not the remainder of the Agreement) shall terminate . 20