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Final Version is not Acceptable LFG, the LFG Price shall be $0.00/MMBtu. C. The LFG Price for a Landfill Gas to electricity project shall be determined in accordance with the following table and the incentive payment provided in section 8.3. The LFG Price applicable for each month during the Contract Year pursuant to Section 9.2 shall be based on the LFG Baseline. The LFG Price shall be based on the actual annual quantities of Acceptable LFG delivered during the preceding Contract Month. Month LFG used by Company* (MMBTU) LFG Price ($/MMBtu) Baseline+7,501 to 9,000 $1.28 Baseline+6,001 to 7,500 $1.16 Baseline+4,501 to 6,000 $1.05 Baseline+3,001 to 4,500 $0.96 Baseline+1,501 to 3,000 $0.87 Baseline +1 to 1,500 $0.79 Baseline and below $0.72 * Excludes periods of time when Company and/or District are down of maintenance, power outages, and periods of time when Company is operating at less than full load due to no fault of the District. The LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 10% of the gross receipts generated by the RNG Facility for the sale of renewable natural gas generated from the Acceptable LFG ("RNG Gross Receipts"); provided, however, that the Parties shall cooperate, acting reasonably and in good faith, to discuss increasing the foregoing percentage if and to the extent that the Parties agree to amend this Agreement to provide for quantity and quality guarantees from the District that support developing an RNG Facility. 8.2 Price for District Credits. A. Subject to the provisions herein, the District shall receive the value of any Environmental Attributes that the District earns for flaring the LFG that is not delivered to Company. These credits are referred to herein as "District Credits." B. It is the desire and intent of the Parties that the Company shall actively attempt to market and sell all of the District Credits on behalf of the District. It is anticipated that the Company shall use the services of a third party (the "Marketer") to market and sell credits. Any agreement signed by the Company and Marketer shall, to the extent commercially practical, treat the Company and District equally and fairly. To the extent that any acts or omissions of the Company or the District, or both, result in liability to the Marketer, the Company and the District shall each be responsible for 17