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Final Version <br />Company LFG Assets — means all of the Company's equipment and other tangible assets <br />used for the measurement, transmission, handling, monitoring, control, management and use of <br />the Landfill Gas that is transmitted from the Delivery Point to the Facility. The Company LFG <br />Assets include but are not limited to the Company's metering equipment, the Company's LFG <br />pipeline from the Delivery Point to the Facility, the Company's compressor, and the Company's <br />equipment used to connect the Company's LFG system to the Delivery Point. <br />Condensate — are liquids which are removed from a gas control system at a landfill and <br />which are produced by the condensation of Landfill Gas being conveyed by that system. <br />Contract Year — means each twelve (12) month period beginning on October 1 and ending <br />on the following September 30, except (a) the first Contract Year shall begin on the Landfill Gas <br />Commencement Date and end on the following September 30 and (b) the last Contract Year shall <br />end when this Agreement expires or is terminated. <br />County — means the geographical area contained within Indian River County, Florida. <br />County Government — means the government of Indian River County, acting through the <br />Board of County Commissioners. <br />Credits — means District Credits and/or Company Credits, as applicable. <br />Day — means calendar day unless otherwise noted in the Agreement. <br />Delivery Capacity — means the amount of Acceptable LFG that the District is able to <br />deliver to the Delivery Point, given the physical and operational constraints of providing LFG from <br />the Landfill. <br />Delivery Point — means the location on the District's property where the District LFG <br />Assets and the Company LFG Assets are interconnected, thus enabling the District to deliver LFG <br />to the Company. The Delivery Point shall be clearly shown on the Company's Facility design <br />drawings. <br />District Credits — has the meaning set forth in Section 8.2(A). <br />District Credit Revenue — has the meaning set forth in Section 8.2(C). <br />District LFG Assets- means all of the District's equipment and other tangible assets used <br />for the collection and management of the Landfill Gas upstream of the Delivery Point. The District <br />LFG Assets include but are not limited to the District's LFG recovery wells, LFG flare and LFG <br />collection system, the District's blowers and pipes used to transport LFG from the recovery wells <br />to the Delivery Point, and the equipment used to connect the District's LFG system to the Delivery <br />Point and all such assets added in the future. <br />2 <br />