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Final Version <br />designated by both Parties pursuant to Section 3.11 on which the Company commences <br />commercial operation of the Facility. <br />Leachate — means water and other liquids that have percolated through the Landfill and <br />leached out some of the Landfill constituents. <br />LFG Assets — means the Company LFG Assets or the District LFG Assets, as applicable. <br />LFG Baseline — has the meaning set forth in Section 8.1(A) as the same may be adjusted <br />pursuant to Sections 10.3 and 10.4. <br />LFG Price — means the price paid by Company to the District for the LFG delivered to the <br />Delivery Point. The LFG Price is set forth in Article 8.1. <br />Marketer — has the meaning set forth in Section 8.2(B). <br />Metering — means the meters, instruments and/or processes used to measure the quantity <br />and quality of the LFG delivered by District to Company. <br />MMBTU— means one million BTUs. <br />Monthly LFG Statement — means the statement prepared by the Company on a monthly <br />basis and submitted to the District showing the total amount of Landfill Gas received by the <br />Company, as measured at the Delivery Point, and the dollar amount owed to the District for its <br />LFG as set forth in Section 9.1. <br />Party — means either the Company or the District. The Company and the District are <br />collectively referred to herein as the "Parties". <br />Permit - means any local, state, or federal permit, license, franchise, registration, <br />certification, authorization or other governmental approval required for the performance of a <br />Party's obligations under this Agreement. <br />Person — means any and all persons, natural or artificial, including any individual, firm, <br />partnership, joint venture, or other association, however organized; any municipal or private <br />corporation organized or existing under the laws of the State of Florida or any other state; any <br />county or municipality; and any governmental agency of any state or the federal government. <br />Quarterly LFG Statement— means the quarterly statement described in Section 9.1(B). <br />Quarterly True -Up Payment— has the meaning set forth in Section 9.1(B)(4). <br />RNG Facility — means a facility that converts LFG to renewable natural gas that can be <br />injected into the natural gas pipeline and/or used as a vehicle fuel in accordance with the <br />5 <br />