Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
respond as expeditiously as practicable to Company concerns and recommendations concerning <br /> the quality of the LFG . <br /> 6 . 3 If the District delivers LFG to Company that does not meet the required <br /> Specification for Acceptable LFG , Company shall have the option of: (a) rejecting the LFG ; (b ) <br /> accepting the LFG and paying the LFG Price for it ; or (c) performing such acts as Company , in <br /> its sole discretion , deems necessary and appropriate to cause such LFG to comply with the <br /> Specification . Company shall not be required to accept any LFG that would cause the Company <br /> to be in violation of any valid permit or in violation of any federal , state or local governmental <br /> law or regulation . If Company exercises its rights under this Subsection 6 . 3 (c ) , the provisions of <br /> Section 3 . 2 . G . 10 of the FS Agreement shall apply . <br /> 6 . 4 The District may collect and analyze representative samples of its LFG from time <br /> to time . The District also periodically may wish to collect and analyze a representative sample of <br /> its LFG to determine whether the LFG complies with the Specification for Acceptable LFG . In <br /> either case , the District shall promptly provide the LFG test results to Company . <br /> 6 . 5 At its expense , Company may collect and analyze representative samples of LFG <br /> from locations on the District ' s Landfill that are determined appropriate by Company . Before <br /> collecting the LFG samples , Company shall coordinate with and obtain permission from the <br /> District, which permission shall not be unreasonably withheld . Company shall promptly provide <br /> copies of its LFG test results to the District . Company shall promptly notify the District anytime <br /> Company discovers that the District' s LFG does not satisfy the Specification for Acceptable <br /> LFG . <br /> ARTICLE 7 — PRICES AND FEES FOR LFG AND CREDITS <br /> 7 . 1 Company shall pay the District each Month for any LFG that is accepted by <br /> Company . The amount of the monthly payments for LFG shall be calculated by multiplying the <br /> quantity of LFG (measured in SCFM) times the energy content of the LFG (measured in <br /> MMBTU per SCFM) times the LFG Price . This calculation shall be subject to the following <br /> considerations : <br /> (a) The LFG Price shall be determined in the manner described in the FS Agreement . <br /> (b ) As provided above , the quantity of LFG shall be measured continuously with a flow <br /> meter , and the energy content of the LFG shall be measured continuously or as otherwise <br /> agreed by the Parties . Hypothetically , if the energy content of the LFG is measured on a <br /> weekly basis , the amount of the LFG fee shall be calculated on a weekly basis (i . e . , the <br /> quantity of LFG measured in a week shall be multiplied by the energy content of the <br /> LFG , as measured during the same week, times the LFG Price) . Under this scenario , the <br /> LFG fee for each week shall be added together to determine the amount of the LFG fee <br /> for the month . The same approach shall be used to calculate the amount of the LFG fee if <br /> the parties agree to measure the energy content of the LFG during other intervals of time , <br /> unless the parties agree to use a different method of calculating the LFG fee . <br /> 10 <br />