Laserfiche WebLink
Final Version <br />Effective Date — means the date on which the last of the Parties has executed this <br />Agreement. <br />Environmental Attributes — means any and all credits, benefits, emissions reductions, <br />offsets, and allowances, howsoever entitled, attributable to the production, delivery and destruction <br />of LFG. Environmental Attributes include but are not limited to: (1) any avoided emissions of <br />pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon <br />monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane <br />(CH4) and other greenhouse gases; (3) displacement or avoidance of any amount of conventional <br />gas or fossil energy generation resources; and (4) the reporting rights to these avoided emissions. <br />Event of Default — has the meaning set forth in Section 13.2. <br />Facility — means the physical assets connected to the Company LFG Assets at the Facility <br />Location used to clean, condense and otherwise process Landfill Gas so that it can be used to <br />generate electricity, injected into the natural gas pipeline, or otherwise used in accordance with <br />applicable laws. <br />Facility Location — means the Company's real property located at 925 74th SW Avenue in <br />Vero Beach, Florida, where the Facility is located. <br />Facility Capacity — means the amount of Acceptable LFG that the Company is able to <br />accept at the Delivery Point, given the physical and operational constraints of installed electric <br />generators which shall be limited to 6 megawatts or in the case of an RNG Facility up to 1,600 <br />SCFM of raw LFG measured at the Delivery Point. <br />Force Majeure — means an act, event or condition that actually and proximately prevents a <br />Party from performing any of its obligations (other than an obligation to make payments of money <br />when due) under this Agreement, but (a) only if such act, event or condition is beyond the <br />reasonable control of the Party relying thereon as justification for not performing an obligation or <br />complying with any requirement of such Party under this Agreement; (b) the Force Majeure is not <br />the result of the fault or negligence of the Party claiming Force Majeure and (c) only to the extent <br />the Party claiming Force Majeure is unable to prevent, avoid or overcome the Force Majeure <br />through the exercise of commercially reasonable efforts. Such acts, events or conditions shall <br />include, but not be limited to: <br />(1) acts of God, strikes, lockouts, or other industrial <br />disturbances, acts of the public enemy, terrorism, wars, blockades, <br />explosions, insurrections, riots, epidemics, landslides, lightning, <br />earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints <br />of governments and people, and civil disturbances; <br />(2) with respect to the District, any Change in Law (other than a <br />Change in Law of the County Government) that imposes a constraint on the <br />3 <br />