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2017-106
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Last modified
7/21/2017 11:35:22 AM
Creation date
7/21/2017 11:33:38 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/18/2017
Control Number
2017-106
Agenda Item Number
15.B.4.
Entity Name
INEOS New Planet BioEnergy LLC
Subject
Termination of Feedstock Supply Agreement
Termination of Landfill Gas Interconnect Agreement
Area
Indian River County Landfill
Alternate Name
SWDD
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all Parties, or beneficiaries thereof, under the FSA and its nine amendments and the <br />LFGA and its amendment are hereby forever terminated on the Termination Date. The <br />following exceptions regarding the Facility Site as defined in the FSA arc noted and <br />agreed by both parties: <br />a. Company shall provide for such utility and inspection services as <br />necessary to maintain and operate fire safety systems in the Vegetative <br />Waste Storage Area until the earlier of (i) the date all Vegetative Waste is <br />removed from the Facility Site as defined in the FSA or (ii) the Property <br />Transfer Date. <br />b. The Company is obligated to maintain water and electric connection to the ck) <br />property and to maintain accounts in good standing until the 'transfer <br />Date. <br />, <br />c. Company shall provide for pile dimensions and perimeter road clearances <br />in the Vegetative Waste Storage Area consistent with the approved site <br />plan. <br />d. The Company has provided a certificate of insurance for both pollution <br />and environmental remediation extending three (3) years beyond the <br />Termination Date. Proof of the environmental impairment insurance with <br />a minimum coverage of $2,000,000 per occurrence has been provided. <br />8. Survival. Notwithstanding the termination of the LFGA, to the extent <br />permitted by law, the provisions of Sections 14.4, 14.5 and 14. 8 of the LFGA <br />shall survive the termination of the LFGA. <br />9. Miscellaneous. <br />A. Further Assurances. Each Party agrees to execute and deliver any <br />instruments and to perform any action that may be necessary or reasonably requested in <br />order to give full effect to this Agreement. Each Party shall use all reasonable efforts to <br />provide such information, execute such further instruments and documents, and take such <br />action as may be reasonably requested by the other Party, not inconsistent with the <br />provisions of this Agreement and not involving the assumption of obligations other than <br />those provided for in this Agreement, to carry out the intent of this Agreement. <br />13. Ownership of Vegetative Waste. The Parties agree that all Vegetative <br />Waste material located on the Facility Site as defined in the FSA is and shall remain the <br />property of Company and the District releases and transfers to Company any and all <br />claim to said material to the extent District had any claims to said material. <br />4 <br />
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