2019-109C.1 - Laserfiche WebLink

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