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Final Version <br />that portion of the liability caused by its own acts or omissions. If the liability does not <br />arise out of the acts or omissions of either Party, then the liability shall be shared on a <br />pro rata basis, apportioned according to the anticipated profits as agreed upon by the <br />Parties in this Agreement. District's liability shall be capped by the limits set forth in <br />section 768.28, Florida Statutes. <br />C. Subject to the provisions herein, all of the revenues received by the <br />Company for the District Credits shall inure to the benefit of the District ("District <br />Credit Revenue"). All of the revenues received by the Company for the Company <br />Credits shall inure to the benefit of the Company. <br />D. The District Credit Revenue shall consist of the gross revenue received by <br />the Marketer from the sale of District Credits, minus the expenses incurred by the <br />Marketer. The Marketer's expenses may include, but shall not be limited to, the costs <br />(if any) incurred by the Marketer to calibrate the LFG measurement systems, maintain <br />a carbon credit registry, and verify the Credits. <br />E. As compensation to the Company for marketing and administering the <br />District Credits, Company shall be entitled to retain a percentage of the District Credit <br />Revenue received by the Company. The Company shall pay the remaining District <br />Credit Revenue to the District within fifteen (15) days after the Company receives the <br />District Credit Revenue. The Company's payment of the remaining District Credit <br />Revenue to the District shall never be less than sixty-seven and one-half percent <br />(67.5%) of the total District Credit Revenue received by the Company from the <br />Marketer and is above and beyond the monthly payment for LFG. <br />F. District hereby assigns to Company the right to market and sell all of the <br />District's right and title to the District Credits. However, the District shall have the <br />right to terminate the marketing contemplated in this Agreement without terminating <br />the rest of the Agreement. <br />G. Company has the responsibility to act on behalf of both Parties for the <br />tracking, selling and management of Credits. Company shall have the right and the <br />obligation to exercise its judgment in good faith when marketing and selling the District <br />Credits. <br />8.3 Incentive Payment <br />A. If the average daily methane content of the LFG delivered is greater than <br />40% the Company shall pay the District an incentive payment over and above the LFG <br />Price, as shown in the following table: <br />For a Landfill Gas to electricity project: <br />18 <br />