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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 />Renewable Fuel Standard Program under the Energy Policy Act of 2005 and the Energy <br />Independence and Security Act of 2007 and its implementing regulations. <br />SCFM— means standard cubic feet per minute ("SCFM"). <br />1.2 As used in this Agreement, (A) the masculine gender shall include the feminine and <br />neuter and the singular number shall include the plural, and vice versa, (B) unless expressly stated <br />otherwise, references to a governmental authority includes any government authority succeeding <br />such authorities functions and capacities, (C) "days" shall mean calendar days, unless the term <br />"Business Days" is used (if the time for performing an obligation under this Agreement expires on <br />a day that is not a Business Day, the time shall be extended until that time on the next Business <br />Day), (D) where a word or phrase is specifically defined, other grammatical forms of such word <br />or phrase have corresponding meanings; the words "herein," "hereunder," "hereof' and this <br />"Agreement" refer to this Agreement, taken as a whole, and not to any particular provision of this <br />Agreement; (E) "including" means "including, for example and without limitation," and other <br />forms of the verb "to include" are to be interpreted similarly, and (F) all references to a given <br />agreement, instrument or other document shall be a reference to that agreement, instrument or <br />other document as modified, amended, supplemented and restated through the date as of which <br />such reference is made. <br />ARTICLE 2 - TERM AND RENEWAL <br />2.1 This Agreement shall take effect on the Effective Date and continue for a period of <br />twenty (20) years (the "Initial Term") following the LFG Commencement Date, unless terminated <br />earlier in the manner provided herein. The LFG Commencement Date shall occur within 1 year of <br />Effective Date, otherwise Section 13.1 shall apply. <br />2.2 The Parties shall have the right to extend this Agreement for up to two (2) <br />consecutive ten-year renewal terms ("Renewal Terms"), provided Company and District mutually <br />agree to extend this Agreement in writing at least one hundred eighty (180) days prior to the end <br />of the Initial Term or the then current Renewal Term. All renewals shall be subject to the same <br />terms, conditions, and fees set forth herein, unless agreed to otherwise in writing by both Parties <br />in an amendment to this Agreement. <br />ARTICLE 3 - THE PARTIES' LFG FACILITIES <br />3.1 District Responsibilities and Obligations. <br />A. District to Supply LFG to Company. Subject to the requirements below, <br />the District shall deliver to the Company all the LFG collected from the Landfill up to <br />the Facility Capacity, except as otherwise provided herein. <br />B. District shall review all permit applications prepared by Company before <br />the Company submits them to permitting authorities, subject to Sections 3.5 and 3.6. <br />C. District shall operate and maintain its assets in compliance with laws and <br />6 <br />
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