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2019-109C.1
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2019-109C.1
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Last modified
12/27/2019 1:57:18 PM
Creation date
11/18/2019 12:52:38 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/16/2019
Control Number
2019-109C.1
Agenda Item Number
15.B.4.
Entity Name
Indian River Eco District, LLC
Solid Waste Disposal District (SWDD)
Subject
Landfill Gas Agreement
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Final Version <br />District and thus reduces the ability of or prevents the District from <br />providing LFG under this Agreement, and/or or prevents the Facility from <br />accepting such LFG; <br />(3) with respect to the Company, any Change in Law; <br />(4) acts of civil or military authority (including, but not limited <br />to, orders, judgments or decrees of any federal, state or local courts or <br />administrative or regulatory agencies), and the passage of new regulations <br />or legislation that make the Facility illegal to operate; <br />(5) in those instances where either Party is required to obtain servitudes, <br />rights of way, grants, permits or licenses to enable such Party to fulfill its <br />obligations hereunder, the inability of such Party to acquire, or the delays on the <br />part of such Party acquiring, at reasonable cost (defined by industry standards at <br />the time), such servitude, rights of way, grants, permits or licenses; and <br />(6) in those instances where either Party is required to furnish materials <br />and supplies for the purpose of constructing, operating, or maintaining facilities or <br />is required to secure grants or permissions from any governmental agency (other <br />than the County Government with respect to the District claiming Force Majeure) <br />to enable such Party to fulfill its obligations hereunder, the inability of such Party <br />to acquire, or delays on the part of such Party in acquiring, at reasonable cost <br />(defined by industry standards at the time), such materials and supplies, permits <br />and permissions. <br />Force Majeure shall not include the ability of the District to sell LFG at a high price <br />or the ability of Company to acquire LFG at a lower price or the reduction of the <br />market value of the LFG. <br />Interconnect Site — means that portion of the District's property at the Landfill on which <br />the Company LFG Assets are installed. <br />Isolation Valves — means the valves that will be used to isolate the District's LFG flare <br />from the District LFG Assets upstream of the Delivery Point—i.e., the Isolation Valves direct LFG <br />from the Landfill to the flare or, in the alternative, to the Delivery Point. <br />Landfill — means the District's Class I landfill located at 1325 74th Avenue SW in Vero <br />Beach, Florida with its currently permitted waste disposal capacity of approximately 13.6 million <br />cubic yards. <br />Landfill Gas ("LFG ") — means gas generated in the Landfill. <br />Landfill Gas Commencement Date ("LFG Commencement Date ") — means the date <br />4 <br />
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