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V.B.6, V.0 and XVII, Ameresco shall not have claim for breach of this Agreement, damages or anticipated profits or loss of profit against County because of the quantity or quality of LFG at the Landfill. 6. Notwithstanding anything in this Agreement, if LFG passes the Transfer Point, or is tendered, that contains at a base temperature of sixty(60) degrees Fahrenheit and a base pressure equivalent to 14.73 Asia: a. A Lower Heating Value of less than four hundred nine (409) BTU per cubic foot, then Ameresco may, at its option and as its sole remedy, either(a) purchase such LFG without reduction in rate, or(b) not take delivery or accept transfer of such LFG; b. More than one hundred (100) parts per million of H2S (at 409 BTU per cubic foot LHV) (or such lower concentration as may be required to comply with Applicable Laws, including without limitation the Project air emission permit) (the 'Threshold Concentration"), then Ameresco may, at its sole discretion, following written notice to County (the "H2S Notice") install a commercially used and approved system at such time that shall remove all or a portion of such H2S containments from the LFG thereby reducing such H2S concentration levels to less than fifty (50) parts per million or such lower concentration as may be required to comply with Applicable Laws, including without limitation the Project air emission permit (the"H2S Cleanup System"). Ameresco or its designee shall have responsibility for procurement, installation and operation of such H2S Cleanup System. All costs associated with the H2S Cleanup System shall be deducted from any amounts due to County by Ameresco, but in no event shall County be responsible to pay Ameresco any such amounts in cash_ i. County may, upon receiving an H2S Notice, elect to install a H2S removal system meeting the requirements above, including reducing H2S concentration levels in LFG received by Ameresco at the Transfer Point to less than fifty(50) parts per million or such lower concentration as may be required to comply with Applicable Laws, including without limitation the Project air emission permit (the "Post-Treatment H2S Standard"). County may exercise such election by notice to Ameresco("County H2S Notice"). If County so elects, then (a) County shall install such H2S removal system within ten (10) months following the County H2S Notice, (b) the capital (including installation), operating, maintenance and repair cost of this equipment will be borne solely by County, and (c) all LFG passing to Ameresco at the transfer Point shall meet the Post- Treatment Standard. If the conditions of the preceding sentence are not met at any time, then Ameresco shall have the rights it has under Article V.B.6.a when the concentration of H2S is greater than the Threshold Concentration. LFG Purchase Agreement 5 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-1013035-R5