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period ending on the twentieth 20t" anniversary of the Operations Date unless p 9 ( ) Y p , terminated as otherwise provided herein (the "Initial Term"). B. Renewal Term. Agreement may be renewed by mutual agreement for additional terms of five (5) years each, commencing on the expiration dates of the Initial Term and each subsequent term upon mutual agreement of both parties (such total period of effectiveness, the "Term"). V SALE AND PURCHASE OF LFG A. General 1. Beginning on the Operations Date, County agrees to sell to Ameresco all LFG produced from the Landfill necessary to operate the Plant from time to time up to the capacity of the Landfill to make LFG and the LFG Collection System to collect LFG. Ameresco shall take possession of the LFG at the Transfer Point, and shall either use or destroy the LFG in compliance with all Applicable Laws or deliver the LFG back to County. 2. Prior to the Operations Date, County shall provide Ameresco all LFG requested by Ameresco from time to time, up to the LFG production capacity of the Landfill. Delivery of this LFG will be at no cost to Ameresco. B. Gas Quality 1. Ameresco will operate and maintain the LFG Collection System as set forth in Article VII. County shall not be responsible for the quality or quantity of LFG except as set forth in Article V.B and Article XVII. 2. Except as set forth in this Agreement, Ameresco accepts the LFG "as-is where- is"for the Term. Except as identified in the RFP or this Agreement, County makes no representation, nor warrants, the quantity and quality of the LFG, or that the quantity and quality of the LFG is suitable for a LFG utilization project. 3. Information regarding LFG quality, including concentration of siloxane and sulfur components, was provided to Ameresco in Exhibit B of the Request for Proposal. Ameresco has considered this information and acknowledges that the quantity and quality of LFG collected can be affected by the operation of the LFG Collection System, and that the operation of the LFG Collection System may be affected by regulatory requirements. 4. Ameresco shall sample and test the LFG, quantifying methane, carbon-dioxide, carbon monoxide, nitrogen, oxygen, siloxanes, sulfur compounds, and any other component that Ameresco determines to be important for the design of the Plant. Testing shall be in accordance with Article XIX. Results of this test shall be forwarded to County. 5. Ameresco may terminate this Agreement without liability if LFG quality or quantity is unsatisfactory as determined by Ameresco in its sole discretion following completion of the benchmark No.1 in Article XIX.A. Subject to Articles V.A, LFG Purchase Agreement 4 Foothill Sanitary Landfill Ameresco Salt Joaquin LLCISan Joaquin County SW-1013035-R5