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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 />