2019-109C.1 - Laserfiche WebLink

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Final Version 3.10 The District shall be allowed to monitor all operations and activities associated with the permitting, construction, startup and commissioning of the LFG Assets and any other improvements located on the District's property. The District shall be allowed to monitor and confirm the compatibility of the District LFG Assets with the Company LFG Assets. The District shall rebalance the District LFG Assets (e.g., the LFG recovery wells and collection system), as the District deems necessary. These activities will be designed to synchronize the operation of the District LFG Assets with the Company LFG Assets. 3.11 Company shall give the District seven (7) days' notice in writing when the interconnect, and all the LFG Assets for which the Company is responsible, are ready to commence routine commercial operations, and Company, in mutual agreement with the District, shall identify the date that Company wishes to designate as the LFG Commencement Date. The proposed LFG Commencement Date shall be designated as soon as practicable after the notice from Company. The District shall, as soon as it is ready, notify the Company that it is ready to commence routine commercial operations on an agreed LFG Commencement Date. Prior to the LFG Commencement Date, the District shall provide LFG to Company at the rate identified in Section 8.1 and 8.3 to enable Company to startup and test the Parties' LFG Assets. 3.12 Company shall be solely responsible for the Company LFG Assets and any other improvements necessary for Company to receive and use LFG in its Facility, and for paying all of the capital costs for the Company LFG Assets, including but not limited to the interconnect, flare modifications, and Isolation Valves. Notwithstanding anything to the contrary in this Agreement, any appurtenances including the Isolation Valves installed prior to the Delivery Point shall become part of the District's LFG assets. The Isolation Valves shall be operated by the Company's distributive control system under normal conditions, but the Isolation Valves may be operated by the District if necessary to respond to an emergency, malfunction, Force Majeure, or similar event. Exhibit "D" is a LFG process flow schematic that depicts the location of the Isolation Valves and the flow of LFG through them. 3.13 Within sixty (60) days of the LFG Commencement Date, the Company shall provide the following: (a) with regard to any LFG Assets located on the District's property, one complete set of final record "as built" drawings (construction and electrical); (b) the final specifications for the Isolation Valves, methane analyzer, and LFG flow meter; (c) an operation and maintenance ("0 & M") manual for the Isolation Valves, methane analyzer, and LFG flow meter, including any 0 & M manuals provided by the manufacturers; (d) any lists provided by the manufacturers for recommended spare parts for the Isolation Valves, methane analyzer, and LFG flow meter; (e) the licenses or approvals, if any, needed for the District to use the Isolation Valves, methane analyzer, and LFG flow meter; and (f) a plan of operating procedures for the coordinated operation of the Interconnect. The "as built" drawings shall be provided to the District in two (2) sets of full-size paper drawings and in an electronic format (i.e., Computer Assisted Design Drawing or "CADD" files). 3.14 There shall be no liens or other encumbrances (collectively, "Liens") placed on the District's land as a result of the Company's activities. If a Lien is placed on the District's land by any of Company's suppliers or contractors, Company shall immediately take whatever steps are 11