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1.2 As used in this Agreement, (A) the masculine gender shall include the feminine and neuter and the singular number shall include the plural, and vice versa, (B) unless expressly stated otherwise, references to a governmental authority includes any government authority succeeding such authorities functions and capacities, (C) "days" shall mean calendar days, unless the term "Business Days" is used (if the time for performing an obligation under this Agreement expires on a day that is not Business Day, the time shall be extended until that time on the next Business Day), (D) where a word or phrase is specifically defined, other grammatical forms of such word or phrase have corresponding meanings; the words "herein," "hereunder," "hereof' and this "Agreement" refer to this Agreement, taken as a whole, and not to any particular provision of this Agreement; (E) "including" means "including, for example and without limitation," and other forms of the verb "to include" are to be interpreted similarly, and (F) all references to a given agreement, instrument or other document shall be a reference to that agreement, instrument or other document as modified, amended, supplemented and restated through the date as of which such reference is made. ARTICLE 2 - OVERVIEW OF THE PROJECT AND SERVICES 2.1 The Project. (a) Overview. The Company will be responsible for developing a "turn -key" project (the "Project") to finance, design, construct, install, operate and maintain a 30,000 GPD Wastewater evaporation plant featuring a Type 3 LM -HTS Heartland Concentrator'`'' System, with a rated processing capacity of up to 30,000 GPD (the "Evaporation Plant") to be located at the Landfill as more fully depicted on the visual representation attached as Appendix A to this Agreement. A process now diagram (PFD) of the proposed Evaporation Plant is attached hereto as Appendix B. The Company shall have title to and bear the risk of loss with respect to the Evaporation Plant during the Term. The Evaporation Plant shall at all times remain the property of the Company until it is transferred to the District at the end of the Term as contemplated in Section 5.1(c). (b) Flexibility of Thermal Energy Fuel Source. To provide additional process flexibility, the Evaporation Plant will be designed to utilize the thermal energy generated by an enclosed flare with a dual -fuel burner configuration allowing it to operate on 100% natural gas, or 100% raw landfill gas (LFG) or a combination of both simultaneously. The Parties anticipate that: (i) The Evaporation Plant will operate on LFG up until the time which a portion of the LFG from the Landfill gets allocated to the RNG Facility project currently in development with the IRED at a site adjacent to the Landfill. (ii) When the RNG Facility is ready to use LFG, the first 1,150 SCFM of LFG from the Landfill may be directed to the RNG Facility. If there is insufficient LFG to fully support the Facility's needs at any time, then the Page 6 of 32