ARCHIVED REPORTS_2011_1 - Laserfiche WebLink

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hereunder shall pass from County to Ameresco at the Transfer Point. Risk of loss, title to, and control and possession of, any LFG Ameresco returns to County for flaring or any other purpose shall pass from Ameresco to County at the point such LFG passes from facilities owned by Ameresco to facilities owned by County. _ Water 1. Non-potable Water: County agrees to provide at its cost up to 6,000 gallons per week of non-potable water to a tank provided by Ameresco for use at the Plant. Maximum height from the ground surface to the maximum water level within the Ameresco tank shall be 30 feet. 2. Potable Water: Ameresco may connect to County's potable water system (Exhibit A, Figure 1). Water system interconnection plans must be submitted to County and are subject to County's reasonable review and approval, which approval shall not be unreasonably withheld or delayed. All costs associated with connection to the County's water system shall be borne by Ameresco. VIII DAMAGE OR DESTRUCTION OF THE PLANT Ameresco will maintain appropriate insurance for the Plant, and shall maintain the Plant in good working order during the Term of this Agreement, including making necessary repairs to the Plant pursuant to Acceptable Industry Practice; provided, however, that Ameresco may elect, at its sole discretion, to terminate this Agreement without liability if Ameresco's Facilities are destroyed or damaged in a manner that materially and adversely affects Ameresco's ability to perform its obligations under this Agreement. IX DRAWINGS,PLANS AND SPECIFICATIONS A. Data, drawings, plans, specifications and reports developed by Ameresco and related to the Plant or the Project will remain the intellectual property of Ameresco. B. Final data, plans, specifications, final reproducible drawings and reports developed by Ameresco under the Agreement shall be made available to County upon written request. X ACCOUNTING,BOOKS AND RECORDS A. Ameresco shall maintain books, records, documents, accounts and other evidence of amounts due to County under this Agreement, including records of receipt of revenue from New Environmental Attributes, New Governmental Incentives, and the sale of electricity produced by the Plant. Such records shall be maintained in accordance with generally accepted accounting principles and practices consistently applied. County or its designee shall have access to such documents for the purpose of inspection, auditing and copying during Ameresco's normal business hours. B. Ameresco shall preserve these documents at no charge for a period of three(3)years following the month of the relevant sale of LFG under this Agreement. LFG Purchase Agreement 11 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-106035-R5