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2011-260
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Last modified
2/19/2016 9:43:03 AM
Creation date
10/1/2015 3:26:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/13/2011
Control Number
2011-260
Agenda Item Number
15.B.3
Entity Name
INEOS New Planet BioEnergy
Indian River County Solid Waste Disposal District
Subject
Landfill Gas Interconnect Agreement
Area
925 SW 74th Avenue
Alternate Name
SWDD
Supplemental fields
SmeadsoftID
10562
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(c) If the Company ' s flow meter becomes inoperable or is otherwise unable to provide <br /> continuous measurements , the Parties may estimate the flow by using any method that is <br /> mutually agreeable . In the absence of an agreement between the Parties , the Parties shall <br /> assume that the flow of LFG increased or decreased , as the case may be , uniformly from <br /> the time when the last valid measurement was obtained with the flow meter until the time <br /> when the next valid measurement is obtained with the flow meter . The average of the <br /> two measurements shall be used when calculating the amount of the LFG fee for the <br /> period of time between the two measurements . <br /> ( d ) If the Company ' s inethane analyzer becomes inoperable or the Company is otherwise <br /> unable to measure the energy content of the LFG on the date or time when such <br /> measurement would normally occur, the energy content of the LFG may be estimated by <br /> using any method that is mutually agreeable to the Parties . In the absence of an <br /> agreement between the Parties , the Parties shall assume that the energy content of the <br /> LFG increased or decreased , as the case may be , uniformly from the time when the last <br /> measurement was obtained until the time when the next measurement is obtained . The <br /> average of the two measurements shall be used when calculating the amount of the LFG <br /> fee for the period of time between the two measurements . <br /> 7 . 2 The Parties acknowledge that, from time to time , Company may be unable to use <br /> part or all of the available LFG . Company shall not be required to pay for LFG that <br /> is not <br /> accepted by Company in accordance with the provisions of this Agreement and the FS <br /> Agreement . However , Company shall pay the District for any LFG that the Company <br /> improperly rejects , in violation of the requirements of this Agreement or the FS Agreement . <br /> 7 . 3 To implement the provisions of Article III , Section 3 . 2 . G . 12 of the FS Agreement , <br /> the Parties agree as follows : <br /> (a) Subject to the provisions herein, the District shall receive the value of any Credits that are <br /> earned because the District flared its LFG prior to the Effective Date of this Agreement . <br /> The District also shall receive the value of any Credits that the District would have <br /> earned for flaring the LFG after the Effective Date , if the District had not delivered the <br /> LFG to the Company . These credits are collectively referred to herein as " District <br /> Credits . " Subject to the provisions herein, the Company shall receive the value of any <br /> Credits that are earned after the Effective Date if such Credits would not have been <br /> earned by the District for flaring the LFG ("Company Credits ") . <br /> (b) It is the desire and intent of the Parties that the Company shall actively attempt to market <br /> and sell all of the District Credits and Company Credits on behalf of the Parties . It is <br /> anticipated that the Company shall use the services of a third party (the " Marketer") to <br /> market and sell the Credits . Any agreement signed by the Company and a Marketer <br /> shall , to the greatest extent possible , treat the Company and District equally and fairly . <br /> (c) Subject to the provisions herein , all of the revenues received by the Company for the <br /> District Credits shall inure to the benefit of the District ("District Credit Revenue ") . All <br /> 11 <br />
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