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2019-109C.1
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2019-109C.1
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Last modified
12/27/2019 1:57:18 PM
Creation date
11/18/2019 12:52:38 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/16/2019
Control Number
2019-109C.1
Agenda Item Number
15.B.4.
Entity Name
Indian River Eco District, LLC
Solid Waste Disposal District (SWDD)
Subject
Landfill Gas Agreement
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Final Version <br />and returned to Company within a reasonable time, as set forth in Section 3.6, with the District's <br />approval or any comments regarding any further review or modification by Company to conform <br />to the laws of the State of Florida, County, technical specifications, requirements, and exhibits of <br />this Agreement. If additional modifications are needed, unless disputed, Company shall proceed <br />with the requisite modifications requested by the District. If requested, Company shall re -submit <br />the same to the District for review and approval. The District shall advise Company in writing <br />within fifteen (15) Business Days of receipt of such re -submitted documents as to their <br />acceptability and approval. The various comments and approvals made by the District on the <br />plans, specifications, drawings, schedules and other matters shall not relieve Company from any <br />of its obligations under this Agreement. The District's acceptance and approval of the plans and <br />other matters shall not be unreasonably withheld. <br />3.6 Unless otherwise specified, reasonable time for review and approval by the District <br />shall mean fifteen (15) Business Days. If the District fails to return any design documents to <br />Company within fifteen (15) Business Days after the documents are received by the District, then <br />the District shall be deemed to have waived any comments or objections thereto; provided, <br />however, that if within the fifteen (15) Business Days, the District notifies Company in writing <br />that additional review time is necessary, the District shall have an additional five (5) Business <br />Days to complete its review. <br />3.7 With regard to either Party's LFG Assets and other improvements that will be <br />constructed or installed on the District's property at the Landfill by the Company, Company's <br />proposed plans, specifications, contracts, and other documents shall be designed to provide safe, <br />reliable, and efficient operations consistent with industry standards. All such LFG Assets will <br />have warranties provided by the applicable supplier or contractor consistent with industry <br />standards. The Company's contracts with third parties shall contain appropriate provisions to <br />ensure that Company is able to comply with its obligations under this Agreement. <br />3.8 Prior to the LFG Commencement Date, Company and the District shall promptly <br />and diligently seek to obtain all Permits necessary for them to satisfy their respective obligations <br />under this Agreement. The District shall pay all costs and fees for Permits required for activities <br />at the Landfill and upstream of the Delivery Point, except as provided in Section 3.12 concerning <br />the Isolation Valves and flare modifications necessary for simultaneous operation with the <br />Company. Company shall pay all costs and fees for Permits required for activities at its Facility <br />and downstream of the Delivery Point, and for the Isolation Valves as provided in Section 3.12, <br />below. Company and the District shall cooperate at all times and shall keep each other informed <br />about their progress in obtaining the necessary Permits. A copy of all final approved Permits will <br />be provided by the Party obtaining the Permit to the other respective Party. <br />3.9 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 3.2 above, as well as any other improvements necessary for the Company to receive and <br />use the District's LFG at the Facility. The Company shall diligently and continuously construct <br />all of these improvements prior to the LFG Commencement Date. <br />10 <br />
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