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LANDFILL GAS INTERCONNECT AGREEMENT <br /> This Landfill Gas Interconnect Agreement ( " Agreement " ) is made and entered into on <br /> this 13th day of Decembeir2011 (" Effective Date ") , by and between INEOS New Planet <br /> BioEnergy , LLC (" Company ") , a Delaware limited liability company , and Indian River County <br /> Solid Waste Disposal District ("District") , a special district of Indian River County , Florida . <br /> WHEREAS , District and Company have entered into a Feedstock Supply Agreement (the <br /> " FS Agreement") that requires the District to sell and the Company to purchase the Landfill Gas <br /> (" LFG" ) collected by the District ' s LFG Assets ; and <br /> WHEREAS , this Agreement is an exhibit to and a part of the FS Agreement ; and , <br /> WHEREAS , Company has determined that this Agreement is beneficial to Company ; <br /> and , <br /> WHEREAS , the District has determined that this Agreement benefits the health , safety , <br /> and welfare of the citizens of Indian River County and , further, this Agreement serves important <br /> and proper public purposes . <br /> NOW , THEREFORE , in consideration of the foregoing premises and the mutual <br /> obligations , benefits and covenants contained herein, and for other good and valuable <br /> consideration , the receipt and sufficiency of which are hereby acknowledged , the District and <br /> Company agree that they shall be bound by and shall comply with the following provisions of <br /> this Agreement : <br /> ARTICLE 1 — DEFINITIONS <br /> All words and phrases defined in the FS Agreement shall have the same meaning herein <br /> as in the FS Agreement . When the following words and phrases are used in this Agreement , they <br /> shall be defined and construed as follows : <br /> 1 . 1 "Acceptable LFG" means LFG that satisfies the Specification set forth in Section <br /> 3 . 2 . G . 9 of the FS Agreement—i . e . , the sulfur content of the LFG is equal to or less than twenty- <br /> one ( 2 1 ) pounds per hour . <br /> 1 . 2 " BTU " means a British Thermal Unit, which is the amount of heat required to <br /> raise the temperature of one avoirdupois pound of pure water from 58 . 5 degrees Fahrenheit to <br /> 59 . 5 degrees Fahrenheit . <br /> 1 . 3 "Delivery Capacity" means the amount of Acceptable LFG that the District is able <br /> to deliver to the Delivery Point , given the physical and operational constraints of providing LFG <br /> from the District ' s Landfill . <br /> 1 . 4 " Interconnect" or " Interconnect Site" means the physical , mechanical , and/or <br /> electrical connection of the District LFG Assets and the Company LFG Assets on the District ' s <br /> 3 <br />