2019-109C.1 - Laserfiche WebLink

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Final Version (1) the total amount of Acceptable LFG provided to the Facility during the applicable Quarter and the average SCFM of Acceptable LFG delivered; (2) the Quarterly average methane content of the Acceptable LFG; (3) the applicable LFG Price based on the annual average SCFM deliveries of Acceptable LFG; and (4) the Quarterly true up payment owed to or by the District calculated as the product of (i) the difference between the applicable LFG Price identified in Section 9.1(B)(3) and the LFG Price paid based on the LFG Baseline and (ii) the total quantity of Acceptable LFG delivered to Company (the "Quarterly True -up Payment") minus any incentive payments. 9.2 Monthly LFG Payment. After receipt of the Monthly LFG Statement, the District shall provide an invoice to the Company for the amounts due. The Company shall pay the dollar amount owed to the District no later than thirty (30) days after receipt of such invoice. 9.3 Quarterly LFG True -Up. Within thirty (30) Days after receipt of the Quarterly LFG Statement, the District shall provide a statement to the Company reflecting the amount of the Quarterly True -up Payment. To the extent the District owes a refund to the Company, the District shall pay such amount no later than thirty (30) days after issuance of the statement. To the extent the Company owes a payment to the District, the Company shall pay such amount no later than thirty (30) days after receipt of the statement. 9.4 Annual Adjustment. On October 1, 2021 and each October 1 thereafter, the LFG Price shall be adjusted upward by two percent (2%). ARTICLE 10 - OWNERSHIP, OPERATION AND MAINTENANCE COSTS OF LFG ASSETS 10.1 The District shall be responsible, at its sole cost and expense, for the operation and maintenance of the District LFG Assets. The District shall have title to and risk of loss for the District LFG Assets. 10.2 Company shall be responsible for the operation and maintenance of Company LFG Assets. The Company shall have title to and risk of loss for the Company LFG Assets. 10.3 If, for reasons other than a Force Majeure event, there is a material reduction in the quantity of Acceptable LFG produced by the District such that the annual quantity of Acceptable LFG reasonably expected to be delivered to the Company is below the LFG Baseline, then the Company may provide written notice to that effect to the District. Promptly following issuance of the notice, the Parties shall meet and confer to assess the cause of the reduction and potential options to remedy the reduction. Following the meeting and within a commercially reasonable 20