ARCHIVED REPORTS_2011_1 - Laserfiche WebLink

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' 5. County shall be responsible for any future expansion of the LFG Collection System that is required as a condition or result of County's obligation to operate the Landfill in compliance with Applicable Laws. Such expansions shall be at County's sole cost. D. Relocation of Existing Piping 1. Ameresco may relocate or modify piping of the LFG Collection System at Ameresco's cost, subject to the other requirements of this Agreement. Relocation and modifications shall be coordinated with the Landfill operation and access, and shall be subject to approval of County in discussion with the Landfill operator. 2. County may relocate LFG Collection System piping to avoid conflict with, or inhibition of, Landfill operations. The County shall coordinate such relocation with Ameresco to minimize impact to Plant operation. If such relocation causes any decrease in operation of the Plant, then County shall reimburse Ameresco any resulting lost revenues, less any amounts Ameresco would have owed County with respect to such lost revenues under Article XVII. E. Installation, Operation and Maintenance of Flares. 1. Subject to Article VII.B, County shail be solely responsible for the purchase, installation and replacement of all flares at the Landfill. Ameresco shall be entitled to divert any and all unused LFG to the flares at no cost to Ameresco. Subject to Article VI1.B, County shall be responsible to maintain adequate flare and blower capacity for the Term of this Agreement to flare all LFG collected from the Landfill as required by all Applicable Laws. F. Disposal of Waste County shall, to the extent permitted under Applicable Laws, accept from Ameresco at no charge all refuse produced in connection with the construction and operation of Ameresco's Facilities. G. Disposal of Condensate 1. Ameresco may dispose of LFG condensate in County's leachate collection system and County shall be responsible for the disposition of such combined condensate and leachate at its cost. Ameresco may deliver such condensate to the existing condensate sump near the flare station. The County shall provide all necessary and convenient easements for Ameresco to install any necessary pipelines from its facilities to such location. 2. Disposal of LFG condensate produced from Ameresco-awned LFG with the County's LFG condensate shall be terminated if prohibited by environmental authorities. If so prohibited, Ameresco shall dispose of such condensate at Ameresco's cost. H. Transfer Point The Transfer Point is the location the LFG enters facilities owned by Ameresco, as shown in Exhibit A. Risk of loss, title to, and control and possession of, the LFG sold LFG Purchase Agreement 10 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-10B035-R5