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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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5 . 8 The Company shall be responsible for measuring and recording the characteristics <br /> of the LFG that is delivered to Company . Unless circumstances dictate otherwise , the Company <br /> shall measure and analyze the LFG with the Metering equipment . The Company shall use a flow <br /> meter to continuously measure the quantity of LFG delivered by the District to the Delivery <br /> Point . The Company shall use a methane analyzer to measure the methane content of the LFG <br /> continuously or as otherwise agreed in writing by the Parties . The flow meter and the methane <br /> analyzer shall be installed at a location near the Delivery Point , unless the Parties agree <br /> otherwise . At a minimum , the Company shall determine : (a) the quantity of LFG , which shall <br /> be measured in standard cubic feet per minute ( " SCFM ") ; and ( b) the energy content of the LFG , <br /> which shall be measured in BTUs per SCFM . The Company may at its discretion measure or <br /> test for other gas characteristics . The Company shall measure these factors by using the Metering <br /> equipment and/or such other instruments as necessary . The Company shall be solely responsible <br /> for the operation , maintenance and calibration of the meters and other equipment used to <br /> measure or test the LFG . The Company shall use its best efforts to ensure that the LFG flow <br /> meter and methane analyzer are fully operational at all times after the LFG Commencement <br /> Date . <br /> 5 . 9 If Company or the District discovers that the Metering instruments are not <br /> properly calibrated , they shall promptly report this information to the other Party . In such case , <br /> the applicable Party shall have the right to request and receive an equitable adjustment of the <br /> LFG fee payments reflected on the next month ' s statement or invoice . It is the intent of <br /> the <br /> Parties that no one should benefit unjustly as a result of an error in the calibration of <br /> the <br /> Metering instruments . Unless there are specific factual reasons to believe otherwise , the Parties <br /> shall assume that the error in the calibration of the Metering instruments increased at a uniform <br /> rate over time . Accordingly , when recalculating the amount of the fee to be paid for LFG , the <br /> Parties shall assume that one -half of the error in the calibration was in existence during the <br /> period from the most recent successful calibration test until the error was discovered . The <br /> adjustment will be from the identified error to the nearest tolerance certified by the manufacturer <br /> or the testing firm . <br /> 5 . 10 The Company shall compile and maintain records concerning the quantity and <br /> quality of the LFG delivered to Company . The Company shall retain these records for at least <br /> five ( 5 ) years from the date they are prepared . <br /> ARTICLE 6 — LFG QUALITY <br /> 6 . 1 The District shall use Commercially Reasonable Efforts to ensure that the <br /> District ' s Landfill and LFG Assets are operated in compliance with the applicable Permits , but <br /> the District does not make and affirmatively disclaims any guarantees , representations , or <br /> warranties concerning the quality or quantity of the LFG that will be available to the Company . <br /> 6 . 2 To be Acceptable LFG , the LFG must satisfy the Specification set forth in Section <br /> 3 . 2 . G . 9 of the FS Agreement . If either Party discovers at any time that the District' s LFG does <br /> not satisfy the required Specification for Acceptable LFG , that Party shall notify the other Party <br /> and the Parties shall discuss their options for improving the quality of the LFG . The District shall <br /> 9 <br />
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