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2022-269
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Last modified
1/5/2023 2:23:32 PM
Creation date
1/5/2023 2:22:41 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
12/20/2022
Control Number
2022-269
Agenda Item Number
15.B.5.
Entity Name
Nopetro Eco District, LLC
Subject
Amendment No. 3 to Landfill Gas Agreement
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13.1 Delay in Achieving LFG Commencement Date. If the Company has not met the <br />LFG Commencement Date as set forth in Section 2.1, the Company will pay the <br />District $15,000 a month as liquidated damages and not as a penalty for each month <br />until the LFG Commencement Date has occurred or until the Agreement has <br />terminated. <br />If the LFG Commencement Date has not occured by September 30, 2024 (subject <br />to extension due to Force Majeure), then this Agreement shall terminate and neither <br />Party shall have any further rights, obligations or liabilities hereunder. <br />A. Delay in Meeting Milestones. If the milestones listed in Section 2.1 are not met by <br />Company, then Company shall pay District as follows: <br />i. $15,000 per month for the first milestone not achieved (prorated for a partial <br />month) until milestone is achieved. <br />ii. $15,000 per month for the 2nd milestone not achieved (prorated for a partial <br />month) until milestone is achieved. <br />iii. $15,000 per month for the Yd milestone not achieved (prorated for a partial <br />month) until milestone is achieved. <br />Milestone Payments. The total amount of remedies are payable from Company to <br />District within thirty (30) days of invoice from District to Company. <br />All other sections and contents of the Agreement shall remain the same. <br />[Remainder of Page Intentionally Left Blank] <br />Amendment No. 3 to LFG Agreement Page 8 of 9 <br />
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