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Initial Setup Fee — has the meaning set forth in Section 4.1 hereof. <br />Landfill — means the District's FDEP permitted Class I landfill located at 1325 741 <br />Avenue SW in Vero Beach, Florida. <br />Landfill Fluids — means water and other wastewater (including landfill leachate) that <br />has percolated through the Landfill and leached out some of the Landfill <br />constituents. <br />Landfill Gas or LFG — means biogas generated in the Landfill. <br />Major Event of Default — has the meaning set forth in Section 6.2(a) hereof. <br />Metering — means the meters, instruments and/or processes used by the Company to <br />measure the quantity of the Wastewater delivered from the District to the r <br />Evaporation Plant site. <br />Minimum Services Fee — means the Services Fee that will be payable by the District in <br />any month where the volume of Wastewater processed by the Company is <br />less than 547,500 gallons per month which will equal $76,100. <br />MMBTU — means one million BTUs. <br />Monthly Services Fee — means the actual amount of the Services Fee due in any month <br />as set forth in a Monthly Services Fee Statement and Invoice. <br />Monthly Services Fee Statement and Invoice — means the invoice prepared by the <br />Company on a monthly basis and submitted to the District showing the total <br />amount of Wastewater treated by the Company, as measured by the <br />Metering, and the dollar amount owed to the Company from the District as <br />more fully described in Section 4.2(b). The Monthly Services Fee Statement <br />and Invoice will be subject to the process outlined in Section 4.2(c) hereof. <br />Operating Parameters — has the meaning ascribed to it in Appendix E attached hereto. <br />Operating Term - has the meaning ascribed to it in Section 5.1(a) hereof. <br />Party — means either the Company or the District. The Company and the District <br />are collectively referred to herein as the "Parties". <br />Permit - means any local, state, or federal permit, license, franchise, registration, <br />certification, authorization or other governmental approval required for the <br />performance of a Party's obligations under this Agreement. <br />Page 4 of 32 <br />