2019-109C.1 - Laserfiche WebLink

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Final Version Landfill Gas that is diverted to the District's flare for these reasons. M. To the extent that the District reliably produces Acceptable LFG in excess of the Facility Capacity installed at that time, the Parties shall meet and confer, acting reasonably and in good faith, to assess whether the Facility Capacity can or should be increased. If the Company agrees to expand the Facility Capacity, then the Company's right to the LFG shall be increased to such new Facility Capacity. If the Company does not agree to expand the Facility Capacity, or the Company remains silent on the topic for more than 30 days, then the District may use such excess LFG in any way that the District deems appropriate that does not interfere with Company's rights hereunder. N. The construction and operation of the Company's Facility and the Company LFG Assets shall not unreasonably interfere with the operational requirements of the District with respect to the Landfill or the existing LFG collection system. It is the responsibility of the Company to (i) schedule and perform construction and maintenance activities of the Company's facilities in a manner which will not unreasonably interfere with the ability of the District to operate the Landfill or the existing LFG collection system, (ii) control odors as required by any Permits; (iii) not create other nuisance conditions prohibited by law; and (iv) meet all applicable law to which it is subject. The District will not be required by the Company to interrupt operation of the District's flare system for more than 120 continuous hours unless the Facility is operational and accepting delivery of LFG. The Company will notify the District in a timely manner should the Facility be inoperable so the District can ensure that its flare or other pollution control equipment is operational. 3.3 Each Party shall pay and be solely responsible for all of the costs associated with the design, permitting, construction, installation, operation, maintenance, repair, and replacement of their respective LFG Assets, except as set forth in Section 3.2(B), unless mutually agreed upon. 3.4 The District and Company, respectively, shall each designate a Person to serve as that Party's authorized agent under this Agreement for the purpose of receiving correspondence and documents regarding the design and construction of the LFG Assets and any other assets provided by Company on District property. Upon request, the District shall provide to the Company the technical information in the District's possession necessary for the Company to develop the conceptual and final design of the Facility and the LFG Assets. Company shall determine the basis and design requirements necessary for the Facility and the LFG Assets to meet all industry standard engineering and permit requirements applicable to similar facilities and interconnects located in Florida. Company shall provide the District with plans, drawings, specifications, schedules, critical path analyses and other documents, at each stage of the development of the Company's project, which are reasonably necessary to enable the District to ensure that the design, construction, and engineering of Company LFG Assets are compatible with the District LFG Assets and the interconnect at the Delivery Point, and in accordance with generally accepted rules, regulations, engineering and construction practices. 3.5 All documents submitted for the District's review and approval shall be acted upon 9