2019-109C.1 - Laserfiche WebLink

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Final Version times when the Company stops diverting LFG to the District's flare. ARTICLE 5 - ACCESS AND EASEMENT Subject to the conditions contained in this Agreement, the District shall grant to Company the right to access, occupy and use the Interconnect Site and a LFG pipeline easement for the purpose of satisfying the Company's obligations under this Agreement, including the right to construct, install, own, maintain and operate the Company LFG Assets on the Interconnect Site and the LFG pipeline easement. District shall grant to Company a non-exclusive easement over, under and across certain property that is more specifically described in Exhibit "B" to this Agreement, for the purpose of accessing, constructing, installing, owning, maintaining and operating the equipment and facilities necessary to connect the District LFG Assets and the Company LFG Assets in the manner provided in this Agreement. District agrees to execute written easement grants to Company in substantially the form attached hereto as Exhibit "B-1" ("Grant of Non -Exclusive Easement for Landfill Gas Equipment and Pipeline") and Exhibit "B-2" ("Grant of Non -Exclusive Easement for Ingress and Egress"). Company shall pay all costs associated with the recording of any easements granted by the District. ARTICLE 6 - LFG QUANTITY; MEASUREMENT 6.1 The Company shall accept delivery of the Acceptable LFG delivered to the Delivery Point up to the Facility Capacity at all times throughout the term of this Agreement, unless the Facility is not operating. The Parties recognize that Company's use of LFG at its Facility may be curtailed or interrupted when the Facility is not operating due to the maintenance requirements of the Facility and/or Force Majeure events. The Company will make every reasonable effort to notify the District of any scheduled outage within 72 hours of the scheduled outage and within 12 hours after any unscheduled outage. Except to the extent expressly set forth herein, the Company shall have no liability to the District, except as stated in Section 4.5, to the extent that the Company does not accept delivery of any LFG because the LFG is not Acceptable LFG or because the Facility is not operating. 6.2 Except as otherwise set forth in this Agreement, the District shall deliver all Acceptable LFG produced by the Landfill to the Facility. The District shall deliver Acceptable LFG to the Delivery Point up to the Facility Capacity at all times throughout the term of this Agreement, unless the LFG collection system is not operating. The Parties recognize that the District delivery of LFG may be curtailed or interrupted when the LFG collection system is not operating due to the maintenance requirements and/or Force Majeure events. The District will make every reasonable effort to notify the Company of any scheduled outage within 72 hours of the scheduled outage and within 12 hours after any unscheduled outage. Except to the extent expressly set forth herein, the District shall have no liability to the Company to the extent that the District does not deliver any LFG because the LFG is not Acceptable LFG or because the LFG collection system is not operating. 6.3 The quantity of LFG delivered by District shall be determined by conducting appropriate measurements with the Metering equipment. The Metering equipment shall be 13