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C. As described in Article 111.6, County shall make available to Ameresco by Site Lease <br /> Agreement, an area within the property of the Landfill at which the Plant will be located. <br /> D. As described in Article III.C, and the Site Lease Agreement, Ameresco shall have the right <br /> to conduct on the Site all operations necessary for or incidental to the processing of LFG <br /> and generation and delivery of electricity from the Plant. The Project may be altered, <br /> remodeled, reconstructed, rebuilt, replaced, renewed or expanded from time to time by <br /> Ameresco; provided, however, that such actions are in accordance with all Applicable <br /> Laws. <br /> E. The performance of this Agreement is in the best interest of County and the health, <br /> safety, and welfare of its residents and is in accordance with the public purpose <br /> provisions of applicable federal, state and local laws and requirements. <br /> The following Exhibits referred to in this Agreement are attached hereto, made a part hereof <br /> and incorporated herein by reference: <br /> EXHIBIT A _ Figures <br /> EXHIBIT B Definitions <br /> EXHIBIT C -- LFG Collection System Operations Scope <br /> II GENERAL PROVISIONS <br /> A. This Agreement supersedes all prior agreements, if any, between the Parties and their <br /> predecessors in interests regarding the subject matter of this Agreement. <br /> B. Ameresco represents and warrants that it has, or has available to it, the necessary <br /> expertise and qualifications to construct and operate the Plant and the LFG collection <br /> system as contemplated in this Agreement. Labor, materials, and all work shall be <br /> performed in accordance with Accepted Industry Practice. County expressly relies upon <br /> Ameresco's representations regarding its skills and knowledge. <br /> G The Parties shall enter into a Site Lease Agreement as a condition precedent to the <br /> effectiveness of this Agreement. <br /> D. Ameresco's officers, directors, employees, agents, contractors, and invitees shall comply <br /> with all of County's rules and requirements applicable to persons that enter the Landfill. <br /> E. County shall, at no cost to Ameresco, make available to Ameresco Landfill records, <br /> drawings, maps, and data necessary or convenient in Ameresco's pursuit of: <br /> 1. Required permits <br /> 2. Government Incentives, Environmental Attributes, Tax Credits, or Project financing <br /> 3. Governmental and local community relations <br /> LFG Purchase Agreement 2 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> SW-1013035-R5 <br />