2019-109C.1 - Laserfiche WebLink

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Final Version processing of Leachate, then the District shall give notice to Company prior to diversion, and Company shall not unreasonably withhold its consent to such diversion. If the District proceeds with the economically efficient processing of Leachate that does not require the use of all or some of the 225 SCFM of Acceptable LFG, then the Company may request that the District release its rights to such unused volume, and the District shall not unreasonably withhold its consent to this request. 6.8 The Company shall be responsible for measuring and recording the characteristics of the LFG that is delivered to Company at the Delivery Point. Unless circumstances dictate otherwise, the Company shall measure and analyze the LFG with the Metering equipment defined in Section 6.3. The Company shall use a flow meter to continuously measure the quantity of LFG delivered by the District to the Delivery Point. The Company shall use a methane analyzer to measure the methane content of the LFG continuously or as otherwise agreed in writing by the Parties. The flow meter and the methane analyzer shall be installed at a location near the Delivery Point, unless the Parties agree otherwise. At a minimum, the Company shall determine: (a) the quantity of LFG, which shall be measured in SCFM; and (b) the energy content of the LFG, which shall be measured in BTUs per SCFM. The Company may at its discretion measure or test for other gas characteristics. The Company shall measure these factors by using the Metering equipment and/or such other instruments as necessary. The Company shall be solely responsible for the operation, maintenance and calibration of the meters and other equipment used to measure or test the LFG. To ensure accurate assessment of the Acceptable LFG delivered at the delivery point, the Company will, at a minimum, factory calibrate the flow and quality metering equipment annually and provide copies of those calibrations to the District. 6.9 If Company or the District discovers that the Metering instruments are not properly calibrated, they shall promptly report this information to the other Party. In such case, the applicable Party shall have the right to request and receive an equitable adjustment of the payments hereunder reflected on the first statement or invoice after the adjustment to the Metering information is identified. It is the intent of the Parties that no one should benefit unjustly as a result of an error in the calibration of the Metering equipment. Unless there are specific factual reasons to believe otherwise, the Parties shall assume that the error in the calibration of the Metering equipment increased or decreased at a uniform rate over time. To the extent the foregoing assumption is insufficient to correct the invoices, the Parties shall assume that kWh output from the Facility is correlated to recent MMBTU input and this same ratio is employed to estimate the fee for LFG sold. 6.10 The Company shall compile and maintain the Meter data and retain the same for at least five (5) years from the date they are prepared. ARTICLE 7 - LFG QUALITY 7.1 The District shall ensure that the Landfill and District LFG Assets are operated in compliance with the applicable Permits, but the District does not make and affirmatively disclaims any guarantees, representations, or warranties concerning the quality or quantity of the LFG that will be available to the Company. 15