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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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3 . 6 After the Effective Date , Company and the District shall promptly and diligently <br /> seek to obtain all Permits necessary for them to satisfy their respective obligations under this <br /> Agreement . The District shall pay all costs and fees for Permits required for activities at <br /> the <br /> Landfill and upstream of the Delivery Point, except as provided in Section 3 . 10 concerning the <br /> Isolation Valves . Company shall pay all costs and fees for Permits required for activities at its <br /> Facility and downstream of the Delivery Point , and for the Isolation Valves as provided in <br /> Section 3 . 10 , below . Company and the District shall cooperate at all times and shall keep each <br /> other informed about their progress in obtaining the necessary Permits . <br /> 3 . 7 After the necessary Permits are obtained , the Company shall expeditiously <br /> commence construction of the Company LFG Assets and the Isolation Valves as provided in <br /> Section 3 . 1 above , as well as any other improvements necessary for the Company to receive and <br /> use the District ' s LFG at the Company ' s Facility . The Company shall diligently and <br /> continuously construct all of these improvements until they are complete . <br /> 3 . 8 The District shall be allowed to monitor all operations and activities associated <br /> with the construction, startup and commissioning of the LFG Assets and any other improvements <br /> located on the District ' s property . The District shall be allowed to monitor and confirm <br /> the <br /> compatibility of the District LFG Assets with the Company LFG Assets . The District shall <br /> rebalance the District LFG Assets ( e . g . , the LFG recovery wells and collection system) , as the <br /> District deems necessary . These activities will be designed to synchronize the operation of the <br /> District ' s LFG Assets with the Company ' s LFG Assets . <br /> 3 . 9 Company shall give the District seven (7 ) days ' notice in writing when the <br /> Interconnect, and all the LFG assets for which the Company is responsible , are ready to <br /> commence routine commercial operations , and Company shall identify the date that Company <br /> wishes to designate as the LFG Commencement Date . The proposed LFG Commencement Date <br /> shall be designated as soon as practicable after the notice from Company . The District shall , as <br /> soon as it is ready , notify the Company that it is ready to commence routine commercial <br /> operations on an agreed LFG Commencement Date . Prior to the LFG Commencement Date , the <br /> District shall provide LFG to Company to enable Company to startup and test the Parties ' LFG <br /> assets . <br /> 3 . 10 Company shall be solely responsible for the Company LFG Assets and any other <br /> improvements necessary for Company to receive and use LFG in its Facility , and for paying all <br /> of the capital costs for the Company LFG Assets and improvements , including but not limited to <br /> the Interconnect and Isolation Valves . Notwithstanding anything to the contrary in this <br /> Agreement or the FS Agreement , the Isolation Valves shall be part of the Company LFG Assets , <br /> even though the Isolation Valves will be located upstream of the Delivery Point . The Isolation <br /> Values shall be operated by the Company ' s distributive control system under normal conditions , <br /> but the Isolation Valves may be operated by the District if necessary to respond to an emergency , <br /> malfunction, Force Majeure , or similar event . Exhibit "D " is a LFG process flow schematic that <br /> depicts the location of the Isolation Valves and the flow of LFG through them . <br /> 3 . 11 Within sixty ( 60 ) days of the LFG Commencement Date , the Company shall <br /> provide the following : (a) with regard to any LFG assets or other improvements located on the <br /> 6 <br />
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