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7. The Lower Heating Value, H2S and other content of the LFG delivered or transferred or tendered for delivery or transfer hereunder shall be tested by Ameresco at its sole cost and discretion, in accordance with test procedures chosen by it from time to time that comply with Accepted Industry Practice ("Testing Procedures"). 8. County may by written notice request that Ameresco retest the LFG for Lower Heating Value or H2S at any time, and Ameresco shall retest the LFG for Lower Heating Value or H2S in accordance with the Testing Procedures no later than thirty (30) business days after County requests such a test. The results of each test shall be deemed conclusive for all purposes as to the Lower Heating Value and H2S content of LFG delivered, transferred or tendered for delivery or transfer hereunder, as of the date of the sampling, until the results of a subsequent test are determined. C. Ameresco's Rights to Purchase LFG Except as explicitly identified herein,Ameresco shall have the exclusive right to purchase LFG collected from the Landfill, regardless of whether the LFG is collected from systems installed by County or by Ameresco. Except as explicitly identified herein, County shall not sell, deliver or allow the collection of any LFG to or by any third party or use such LFG for County's own purposes. D. Ameresco's Relinquishing Rights to Additional LFG 1. Expansion Increment. a. If at any time after the Operations Date the Expansion Increment conditions exist and County wishes to use or to sell to a third party all, or some, of the associated Expansion Increment, inclusive of environmental attributes associated with such LFG, then County shall notify Ameresco ("County Increment Notice")that County wishes to use or sell such Expansion Increment on a permanent basis. b. The Expansion Increment conditions are as follows: The Expansion Increment has been continuously extracted from the Landfill for six (6) consecutive months at a rate in excess of the sum of: i. The Base LFG Flow Rate; ii. the flow rate of Landfill Gas associated with all Expansion Increments Ameresco has previously elected to use; and iii. the flow rate of LFG to which Ameresco's exclusive rights have previously been extinguished pursuant to Article V.D. b. Ameresco shall lose the exclusive rights to such Expansion Increment if Ameresco does not commence to purchase the corresponding LFG in the form of Lost Revenues within thirty-six (36) months of the County Increment Notice. LFG Purchase Agreement 6 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-106035-R5