2019-109C.1 - Laserfiche WebLink

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Final Version maintained by the Company and shall be calibrated on a quarterly basis or in accordance with the manufacturer's specifications, whichever is more frequent. At its expense, District may arrange for an independent third party to verify the accuracy of the Metering equipment used by the Company to measure the LFG. Any independent tests shall be coordinated with the Company in advance. Company shall act reasonably and in good faith in connection with coordinating the independent test. The results of any calibration tests or inspections by either Party shall be provided to the other Party, upon request. The specific test methods shall be as required by the applicable industry standards. 6.4 At its option and expense, the Company may determine the Delivery Capacity by conducting appropriate tests. The Delivery Capacity shall be based on the average flow of Acceptable LFG to the Delivery Point during a seventy-two (72) hour period. The Delivery Capacity shall reflect the amount of Acceptable LFG that the District can produce from the Landfill and deliver to the Delivery Point while maintaining compliance with all applicable laws and prudently operating the Landfill and the District LFG Assets. The Parties recognize and acknowledge that the Delivery Capacity may fluctuate during the term of this Agreement. The District shall respond as expeditiously as practicable to Company concerns and recommendations concerning possible improvements to the Delivery Capacity. The Company shall respond as expeditiously as practicable to District concerns and recommendations concerning possible improvements to the Facility. 6.5 The District shall not be obligated to deliver Acceptable LFG to Company at any specific rate. The District shall use reasonable commercial efforts to deliver Acceptable LFG at a relatively uniform hourly rate of flow, but the District does not warrant or guarantee that it will be able to supply Company with any minimum amount of Acceptable LFG on an hourly, daily or other basis. The provisions of this Section 6.5 shall not permit the District to divert Acceptable LFG from the Delivery Point unless the District determines, acting reasonably and in good faith, that such diversion is necessary to keep the flare operating in compliance with permits or if the Company has refused to accept LFG per Section 3.2(L). 6.6 The District shall notify Company promptly if the District anticipates that the production of LFG will increase or decrease by more than 500 SCFM in the future. Company shall notify the District promptly if Company anticipates that its use of LFG will increase or decrease by more than 500 SCFM in the future. 6.7 During the term of this Agreement, the District shall not undertake any action that would: (a) temporarily or permanently divert Acceptable LFG to any other user without first offering said LFG to the Company per Section 3.2(L); or (b) permanently reduce the production of LFG at the Landfill, unless such action is (1) required by an applicable law or (2) otherwise deemed necessary and appropriate by the District for the protection of the public health, safety and welfare. District may divert up to 225 SCFM of Acceptable LFG for use at the Landfill, if the District determines in its sole discretion that such LFG is needed for the economically efficient processing of Leachate. District shall provide notice to Company prior to such diversion. The District will only divert the amount necessary for such processing. If the District, acting reasonably and in good faith, determines to divert more than 225 SCFM for the economically efficient 14