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Unless otherwise agreed, title to, and ownership of, the Commercial and <br />Environmental Improvement projects shall be vested in District, and the <br />parties shall execute such documentation as required to evidence the <br />respective ownership of such Commercial and Environmental Improvement <br />projects. <br />ARTICLE 6 — LFG QUANTITY; MEASUREMENT <br />Section 6.7 is amended to read as follows (other clauses not referenced below will stay as <br />written): <br />6.7 During the term of this Agreement, the District shall not undertake any action that <br />would: (a) temporarily or permanently divert Acceptable LFG to any other user <br />without first offering said LFG to the Company per Section 3.2(L); or (b) <br />permanently reduce the production of LFG at the Landfill, unless such action is (1). <br />required by an applicable law or (2) otherwise deemed necessary and appropriate <br />by the District for the protection of the public health, safety and welfare. After <br />accepting 1,150 SCFM of Acceptable LFG, the Company in its sole discretion will <br />have the option, but not the obligation, to consume the incremental 450 SCFM of <br />Acceptable LFG at the RNG Facility (instead of use by the County at the Landfill <br />for processing of Leachate) and the County will utilize 225 SCFM of pipeline <br />natural gas in lieu of 450 SCFM of Acceptable LFG. In such event, the Company <br />will reimburse the District on a monthly basis for said 225 SCFM of pipeline natural <br />gas consumed but in no event will this volume exceed 118,260,000 SCFM in a <br />calendar year prorated over 12 month period. <br />Section 6.8 is amended to read as follows (other clauses not referenced below will stay as written): <br />A. The Company shall be responsible for measuring and recording the quantity of <br />LFG that is delivered at the Facility Location. The Company shall also measure and <br />analyze the LFG with the Metering equipment defined in Section 6.3 at the Facility <br />Location. The Company shall measure these parameters by using the Metering <br />equipment and/or such other instruments as necessary and shall be solely <br />responsible for the operation, maintenance and calibration of the meters and other <br />equipment used to measure or test the LFG. To ensure accurate correlation of the <br />Acceptable LFG delivered, the Company will, at a minimum, factory calibrate the <br />flow and quality Metering equipment at least semiannually and provide copies of <br />those calibrations to the District. <br />B. The Company will test the incoming LFG at the Facility Location from the District <br />on about an hourly basis over the course of each month in the following 5 <br />categories: <br />1. Gas Flow in SCFM <br />2. Methane (CH4) % Content <br />3. N2 % Content <br />4. 02 % Content <br />5. Sulfur (112S) % Content <br />Amendment No. 3 to LFG Agreement Page 4 of 9 <br />