2019-109C.1 - Laserfiche WebLink

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Final Version necessary to ensure that the Lien is released promptly. If Company fails to secure the timely release of such Lien, the District may take any and all steps to secure the release of the Lien and the District's costs and expenses will be reimbursed by the Company within 30 days of notice. There shall be no Liens placed on the Company's real property, personal property or fixtures as a result of the District's activities. If a Lien is placed on the Company's property as a result of the District's acts or omissions, the District shall immediately take whatever steps are necessary to ensure that the Lien is released promptly. If District fails to secure the timely release of such Lien, the Company may take any and all steps to secure the release of the Lien and then the Company's costs and expenses will be reimbursed by the District within 30 days of notice. ARTICLE 4 - LFG GENERAL PROVISIONS 4.1 District shall have the exclusive right to determine, in its sole discretion, how the District LFG Assets will be constructed and operated as necessary to perform District's obligations hereunder. District's primary goals shall be to operate the Landfill for waste disposal and ensure the District's compliance with the permits and laws governing the District's operations at the Landfill. 4.2 District does not make and affirmatively disclaims any guarantees, representations, or warranties concerning the quality or quantity of the LFG that will be generated or collected by the Landfill. 4.3 Company reserves its right to reduce or terminate the flow of the LFG to the Facility, and thus divert part or all of the LFG to the District's flare, if the Company LFG Assets, Facility, or any portion thereof is not operating, or if the District is not providing Acceptable LFG. Company is not obligated to pay the District for the LFG that is diverted to the District's flare for these reasons. 4.4 District reserves its right to reduce or terminate the flow of the LFG to the Facility, and thus divert part or all of the LFG to the District's flare, to the extent that the Company LFG Assets, Facility, or any portion thereof is not operating at a capacity sufficient to accept higher deliveries of LFG. 4.5 Except with respect to events of Force Majeure or maintenance, Company agrees that failure by Company to take receipt of 100% of the Acceptable LFG, up to 1,600 SCFM, that is produced by the Landfill within the month, as set forth in Section 3.2(A), will not release Company from its obligation to pay District as if Company had taken receipt of 100% of the Acceptable LFG, up to 1,600 SCFM, in full compliance with the terms set forth in this Agreement. District shall, therefore, have the right to invoice Company, and Company hereby agrees to timely pay District in accordance with this Agreement. 4.6 The Company shall prepare and maintain records concerning the operation of the system used to provide LFG to the Facility that identify: the amount of LFG provided to the Facility on an hourly basis, the methane content of the LFG provided to the Facility on an hourly basis, the dates and times when the Company diverts LFG to the District's flare; and the dates and 12