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2011-260
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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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LFG Assets . <br /> 9 . 2 Company shall be responsible for the operation and maintenance of Company <br /> LFG Assets . The Company shall be provided full access to the Company ' s LFG Assets and the <br /> Interconnect on the District ' s property for the purpose of performing its obligations under this <br /> Agreement and the FS Agreement . <br /> 9 . 3 Each Party shall be solely responsible for the replacement of their respective LFG <br /> assets . <br /> ARTICLE 10 — OWNERSHIP AND USE OF LFG <br /> 10 . 1 Ownership , title and control of the LFG shall pass from the District to Company <br /> when the LFG is delivered to Company at the Delivery Point . The District shall be responsible <br /> for the LFG upstream of the Delivery Point and Company shall be responsible for the LFG <br /> downstream of the Delivery Point . <br /> 10 . 2 The District may use , vent , or flare any LFG that is not accepted by Company . <br /> ARTICLE 11 — WARRANTY OF TITLE TO LFG <br /> 11 . 1 The District warrants that it has title to all LFG that will be delivered to Company <br /> hereunder and the District has the right to transfer such LFG . <br /> 11 . 2 The District warrants that all of the LFG delivered to Company under this <br /> Agreement is owned by the District, free and clear of all liens , encumbrances and adverse claims , <br /> including but not limited to liens used to secure payment of production taxes , severance taxes , or <br /> other taxes . <br /> ARTICLE 12 — TERMINATION AND REMEDIES <br /> 12 . 1 If the District elects to terminate the Company ' s right to receive LFG in <br /> accordance with Subsection 3 . 2 . G . 10 of the FS Agreement, the District shall give written notice <br /> to Company as provided in the FS Agreement . <br /> 12 . 2 Company may implement the remedies provided in Section 6 . 3 herein or <br /> applicable provisions of the FS Agreement , if the District fails to deliver Acceptable LFG to <br /> Company . <br /> 1203 Upon termination of the Company ' s right or obligation to receive LFG, as the <br /> case may be , each Party shall promptly provide the other Party with a written claim for any <br /> amounts that are due and owing under this Agreement and the FS Agreement . If a Party disputes <br /> any claim for payment, a written objection must be filed with the other Party within thirty (30 ) <br /> days of receiving the claim . The written objection must identify the specific reasons for the <br /> objection , and it must be accompanied by full payment for all undisputed amounts . After an <br /> 13 <br />
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