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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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Exhibit " A " — A Legal Description of the District' s Landfill , plus a map <br /> depicting the location of the Landfill , the Interconnection Site , <br /> the Delivery Point and the LFG pipeline on the District ' s <br /> property . <br /> Exhibit " B " — Legal Description and Depiction of the Easements on District <br /> Property Granted to Company . <br /> Exhibit " B - 1 " — Form of Grant of Non - Exclusive Easement for Landfill Gas <br /> Equipment and Pipeline . <br /> Exhibit " 13 -2 " - Form of Grant of Non - Exclusive Easement for Ingress and <br /> Egress . <br /> Exhibit " C" — Form of Confidentiality Agreement <br /> Exhibit " D" - LFG Process Flow Schematic <br /> Exhibit "E " - Examples of Revenue Sharing for Credits <br /> These exhibits are incorporated herein by reference and made a part hereof as though set forth in <br /> their entirety in the text of this Agreement . In the event there is any conflict between the <br /> provisions of this Agreement and the provisions of the exhibits attached hereto , the provisions of <br /> this Agreement shall govern . <br /> 14 . 4 It is acknowledged , understood , accepted and declared by the Parties that <br /> documents held by Company addressing Company operations downstream of the Delivery Point <br /> are intended by the Company to be the private business records of Company , as well as protected <br /> trade secrets . Documents of Company are not intended to become public records pursuant to <br /> Chapter 119 , Florida Statutes , solely by the fact of the existence of this Agreement between <br /> Company and the District . However , documents generated by Company relating to the Metering <br /> of LFG and/or the amount of the LFG fees due to the District shall be available for review by the <br /> District . If Company seeks payment of any claims pursuant to the provisions of this Agreement , <br /> any documents relevant to Company claims shall be made available for inspection and copying <br /> by the District . <br /> 14 . 5 Company is not an agent , franchisee , partner, joint venturer, or in any way the <br /> agent of or related to or involved with the District concerning the receipt , use , consumption and <br /> disposition of LFG , except as a purchaser of such LFG . <br /> 14 . 6 Any term , condition, covenant , or obligation in this Agreement that requires <br /> performance by a Party subsequent to termination of this Agreement shall remain enforceable <br /> against such Party subsequent to such termination . <br /> 14 . 7 In the event that any provision of this Agreement shall , for any reason , be <br /> determined to be invalid , illegal , or unenforceable in any respect , the Parties hereto shall <br /> negotiate in good faith and agree to such amendments , modifications , or supplements of or to <br /> this Agreement or such other appropriate changes as shall , to the maximum extent practicable in <br /> light of such determination , implement and give effect to the intentions of the Parties as reflected <br /> herein and all other provisions of this Agreement shall , as so amended , modified , supplemented , <br /> or otherwise affected by such action , remain in full force and effect . <br /> 15 <br />
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