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2. Notwithstanding anything in this Agreement, County may not deliver or allow the <br /> collection of Landfill Gas to or by any third party, or use it for County's own <br /> purposes, unless the hourly flow requirements of Ameresco from time to time have <br /> first been met with a continuous flow of Landfill Gas meeting the requirements of <br /> the Plant. <br /> 3. If Ameresco relinquishes its exclusive rights to an Expansion Increment, then these <br /> rights revert to the County, and the County may utilize the Expansion Increment in <br /> any manner that it sees fit, including a sale to a third party. <br /> 4. Notwithstanding anything in this Agreement: <br /> a. Ameresco may retain the exclusive rights to any LFG by paying for the <br /> LFG in the form of Lost Revenues with respect to such LFG. <br /> b. If at any time County has not sold all or any portion (whether in terms of <br /> flow rate or time remaining in the Term) of an Expansion Increment that <br /> Ameresco has previously relinquished its exclusive rights to, then <br /> Ameresco may reinstate such exclusive rights with respect to the unsold <br /> Expansion Increment (or unsold portion, as the case may be) by <br /> commencing to purchase such unsold Expansion Increment (or the <br /> unsold portion) by paying Lost Revenues with respect thereto. <br /> C. Ameresco may also retain or reinstate its exclusive rights to any LFG by <br /> any other response approved by County. <br /> d. Exclusive rights to portions of LFG previously surrendered under this <br /> Agreement may not be reasserted if those rights have been sold by the <br /> County to a third party, <br /> VI PERMITS <br /> tA. Unless otherwise indicated, Ameresco shall endeavor to obtain all required permits that <br /> may be issued in its name required to complete the Project, including, but not <br /> necessarily limited to: <br /> 1. San Joaquin Valley Unified Air Pollution Control District("APCD") request for <br /> Authority to Construct and Permit to Operate for the LFG utilization equipment. <br /> 2. Interconnection to electrical utility if electrical generation is proposed. <br /> 3. Building Department Permit and revision of the Conditional Use Permit as may <br /> be required. <br /> B. Ameresco shall obtain a separate Title V permit for the Plant if allowed by the APCD. If <br /> a separate Title V permit is not allowed by the APCD, Ameresco shall prepare, at <br /> Ameresco's expense, an application to be signed and submitted by County, to modify <br /> County's Title V permit. <br /> LFG Purchase Agreement 7 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> SW-106035-R5 <br />