2021-078A - Laserfiche WebLink

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The above milestones shall be extended for any delays caused by the District in achieving such milestone, but only to the extent of and for the duration of any such delay. Those delays could include the issuance of any waiver, permit or approval necessary for the Company to achieve the milestone, and in the event of Force Majeure; but only to the extent of and for the duration of any delay caused by such Force Majeure event. ARTICLE 3 - THE PARTIES' LFG FACILITIES Section 3.2 of the Agreement is amended to read as follows: B. The Company shall be responsible, at its own cost, for the design, permitting, construction, installation, connection, operation, maintenance, repair, and replacement of any capital improvements and equipment required to be added to the District's existing LFG collection and flare system to (i) enable the Company to divert LFG from the District's flare and transport such gas via pipeline to the Facility, (ii) enable reliable destruction of excess LFG and/or non -Acceptable LFG simultaneous with the Company's beneficial use of Acceptable LFG and (iii) enable the reliable delivery of the Acceptable LFG for the Company's use. The exact location of the such equipment and improvements, and any other Company improvements on the District's property, including the general components of any necessary interconnection equipment and facilities (individually or collectively referred to as the "Gathering Facilities"), shall be mutually agreed upon by Company and District prior to the commencement of construction. For clarification, the Gathering Facilities do not include existing and future installed District LFG Assets (including, but not limited to the flare skid, gas extraction wells, liquids management system, air commpressors, LFG control and containment system). District shall provide the Company with the necessary access, including easements, as necessary to install, own, maintain and operate the Gathering Facilities and other LFG system equipment to be located on the District's property in order to allow the Company to perform its obligations under this Agreement. Section 3.3 of the Agreement is amended to add Sections 3.3(A), 3.3(B) and 3.3(C) to read as follows: A. Expansion of the District LFG Assets at Company's Request. Company may propose an expansion of the District LFG Assets to enable the delivery of additional available Acceptable Landfill Gas to the Delivery Point. District shall consider all such proposals from Company; provided, however, that only the District shall have the right, but have no obligation, to expand the District LFG Assets. B. Annual Escrow Fund. The District shall continue to fund its annual gas system escrow funding requirements in accordance with Florida statutes. C. Commercial and Environmental Improvements. Without limiting District's obligations under Section 3.3 (B), within ninety (90) days after the Effective Date, and every six (6) months thereafter, the Company and District shall meet to discuss and agree upon a recommended scope of Commercial and Environmental Improvement projects. The Parties shall work in good faith to reach a consensus plan. When and if an agreement N Landfill Gas Agreement, Amendment No. 2.