2021-078A - Laserfiche WebLink

Home Browse Search

Section 8.3 of the Agreement is amended to replace the incentive payments for a Landfill Gas to RNG Facility as follows: 8.3 Incentive Payment For a Landfill Gas to RNG Facility, and only on the months where a minimum of 1,150 of Acceptable LFG is delivered, Company will pay the following additional gas quality -based incentive payments to the District: Average Methane Content in the Company Used LFG Incentive Payment ( % of RNG Gross Receipts) >57.01% 3.0% 54.01 to 57.0% 2.0% 51.01 to 54.0% 1.5% 48.01 to 51.0% 1.0% 45.01 to 48.0% 0.5% < 45.0% zero ARTICLE 9 — LFG STATEMENT, INVOICE AND ANNUAL ADJUSTMENT Article 9 of the Agreement is amended to revise Section 9.4 and add Section 9.5 to read as follows: 9.4 Annual Adjustment. The annual adjustment to the LFG Price is no longer applicable to the RNG project. 9.5. Audit. The District and the Company agree to grant the District the right to audit or be provided with verification of "brokerage fees, transportation costs, sales taxes and other expenses incurred directly or indirectly by the Company and its subsidiaries" in determination of Gross Receipts. ARTICLE 13 - TERMINATION AND REMEDIES Section 13.1 of the Agreement is amended to read as follows: 13.1 Delay in Achieving LFG Commencement Date. If the LFG Commencement Date ha snot occurred as set forth in Section 2. 1, the District may issue a written notice to Company electing to terminate this Agreement three (3) months following the date such written notice is issued. If the LFG Commencement Date occurs within three (3) months after Company receives such written notice, then this Agreement will not terminate and shall continue in full force and effect. If the LFG Commencement Date does not occur within three (3) months after Company receives such written notice, then this Agreement shall C Landfill Gas Agreement, Amendment No. 2.