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2021-100A
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2021-100A
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Last modified
8/18/2021 3:33:01 PM
Creation date
8/16/2021 2:40:39 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/13/2021
Control Number
2021-100A
Agenda Item Number
15.B.1.
Entity Name
Indian River Sustainability Center, LLC
Indian River Eco District
Heartland Water Technology, Inc
Proximo Energy, LLC
Subject
Leachate Treatment Agreement
Solid Waste Disposal District
Area
1325 74th Avenue SW (the Landfill)
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Sections. <br />BTU — means a British Thermal Unit, which is the amount of heat required to raise <br />the temperature of one avoirdupois pound of pure water from 58.5 degrees <br />Fahrenheit to 59.5 degrees Fahrenheit at standard temperature and standard <br />pressure. <br />Business Day — means every day other than a Saturday, Sunday or a day on which banks <br />are required or authorized by law or executive order to close in the State of <br />Florida. <br />Calendar Quarter — has the meaning set forth in Section 4.2(c) hereof. <br />Calendar Year — has the meaning set forth in Section 4.2(c) hereof. <br />Change -in -Funding — means the reduction or cessation in allocated funding of or to the <br />District for payment for the Services contracted for hereunder. <br />Change -in -Law - Defined as voting, coming into force or cancellation, repeal, <br />amendment, definitive change in interpretation by any governmental <br />authority of any law, regulation or ordinance (collectively, "Law") <br />affecting the Company or performance of the Services after the Effective <br />Date, including but not limited to laws regarding the environment, <br />construction, tax, but excluding any Change -in -Funding. <br />Change Proposal — has the meaning set forth in Section 5.2 hereof. <br />Commercial Operations Date or COD — means the date that the Company notifies the <br />District that the Facility is ready to commence commercial operations. <br />Company Event of Default — has the meaning set forth in Section 6.2(a)(iii) hereof. <br />Company Indemnified Person — has the meaning set forth in Section 7.2(b) hereof. <br />Company Parties — has the meaning set forth in Section 3.3(d) hereof. <br />Company's Representatives — has the meaning set forth in Section 7.2(a) hereof. <br />Contract Year — means each twelve (12) month period beginning on October 1 and <br />ending on the following September 30, except (a) the first Contract Year <br />shall begin on the Effective Date and end on the following September 30 <br />and (b) the last Contract Year shall end upon the expiration of the Term of <br />this Agreement or the date of its earlier termination (if any). <br />County — means the geographical area contained within Indian River County, Florida. <br />County Government — means the government of Indian River County, acting through <br />Page 2 of 32 <br />
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