2021-078A - Laserfiche WebLink

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Target Expenditure Fund shall be excused during any year in which the annual volume of Acceptable LFG Gas falls below the Target Annual Contract Quantity, provided that the Company shall have the right in its sole discretion, but not the obligation, to pay up to $125,000 into the Gas Targets Expenditure Fund in any such year. 4.8. Operations and Maintainance. The Company shall have the right to make routine O&M site visits to the Landfill upon 48-hour notice to District to inspect, maintain and repair Company LFG purchased equipment (referred to as the Gathering Facilities), which shall not be unreasonably withheld. To be clear, the District is responsible for operating and maintaining the District's LFG Assets prior to the Delivery Point and the Company's involvement with the District's LFG Assets is solely as an advisor. ARTICLE 6 - LFG QUANTITY; MEASUREMENT Article 6 of the Agreement is amended to add new Sections 6.11 to read as follows: 6.11. Notwithstanding Section 6.7 of the Agreement, and for avoidance of any doubt, the District shall have the obligation to deliver and sell, and the Company shall have the exclusive right to receive and buy, all Acceptable LFG produced from the Landfill on an annual basis until the Company has received the Target Annual Contract Quantity. ARTICLE 7 - LFG QUALITY Article 7 is amended to add a new Section 7.6 as follows: 7.6. Notwithstanding any other provision in this Agreement, the Company in its sole discretion may accept non -Acceptable LFG from the District in lieu of refusing to accept or rejecting such non -Acceptable LFG. In the event the Company in its discretion accepts such LFG, the price for such LFG shall be set at five percent (5%) of the RNG Gross Receipts. ARTICLE 8 - PRICE FOR LFG AND DISTRICT CREDITS Section 8.1(C) of the Agreement related to the "LFG Price for a Landfill Gas to RNG Facility" is amended and replaced to read as follows: The LFG Price for a Landfill Gas to RNG Facility shall be as follows: 1. On the months whereby the District provides an average gas flow greater than or equal to 1,150 scfm per month, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 12% of the Gross Receipts generated by the RNG Facility from the Acceptable LFG ("RNG Gross Receipts"). 2. On the months whereby the average gas flows are between 800 scfm and 1,150 scfm, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 9% of the RNG Gross Receipts. 3. On the months whereby the average gas flows are less than 800 scfm, the LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 5% of the RNG Gross Receipts. 5 Landfill Gas Agreement, Amendment No. 2.