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during the one ( 1 ) year period ending with the most recent month for which the CPI data are available . Delivery Point — means the location on the District ' s property where the District ' s LFG Assets and the Company ' s LFG Assets are interconnected, thus enabling the District to deliver LFG to the Company . District LFG Assets- means all of the District ' s equipment and other tangible assets used for the collection and management of the Landfill Gas upstream of the Delivery Point . The District ' s LFG Assets include but are not limited to the District ' s LFG recovery wells , LFG flare and LFG collection system, the District ' s blowers and pipes used to transport LFG from the recovery wells to the Delivery Point, and the equipment used to connect the District ' s LFG system to the Delivery Point and all such assets added in the future . Diverted Waste — means Acceptable Waste that is diverted from the Facility and is disposed of in the District ' s Landfill because (a) the Facility is unable to accept and Process such material or (b) the vehicles delivering such waste left the Facility after waiting more than thirty (30) minutes . Effective Date — means the date on which the last of the Parties has executed this Agreement . Facility — means the Company ' s plant for Processing Acceptable Waste , which is located at 925 SW 74th Avenue in Vero Beach, Florida. Facility Site — means the real property located at 925 SW 74th Avenue in Vero Beach , Florida, where the Facility will be built and operated. Force Majeure - means an act , event or condition that actually and proximately prevents a Party from performing any of its obligations ( other than an obligation to make payments of money when due) under this Agreement, but : (a) only if such act, event or condition is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any requirement of such Party under this Agreement ; and (b) only to the extent the Party claiming Force Majeure is unable to prevent, avoid, or overcome the Force Majeure through the exercise of Commercially Reasonable Efforts , and the Force Majeure is not the result of the fault or negligence of the Party claiming Force Majeure . Such acts , events or conditions shall include , but not be limited to : ( 1 ) acts of God, strikes , lockouts , or other industrial disturbances , acts of the public enemy, wars , blockades , explosions , insurrections , riots , epidemics , landslides , lightning , 4