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EXHIBIT B -DEFINITIONS <br /> "Accepted Industry Practice"means any of the practices, methods, specifications and acts, <br /> as the same may change from time to time, as are commonly used by independent power <br /> generation companies at similarly sized landfill gas facilities in the State of California,which in <br /> the exercise of reasonable professional judgment and in the light of the facts known at the time <br /> the decision was made, could have been expected to accomplish the desired result at a <br /> reasonable cost consistent with good business practices, reliability, safety and expedition. <br /> Accepted Industry Practice is not intended to be limited to the optimum practice, method or act <br /> to the exclusion of all others, but rather to be a range of acceptable practices, methods or acts <br /> regularly practiced by a significant portion of independent power generation companies at <br /> similarly sized landfill gas facilities in the State of California. <br /> "Accounting Period"means any period which begins on the first day of any calendar quarter <br /> and ends on the last day of such calendar quarter during the Term, except that the first <br /> Accounting Period shall commence with the Operations Date hereunder and end on the last day <br /> of the calendar quarter in which the Operations Date occurs. <br /> 'Agreement"means this Landfill Gas Purchase Agreement, including all exhibits and <br /> schedules hereto, and any amendments that may be made from time to time. <br /> "Ameresco"has the meaning set forth in the preamble of this Agreement. <br /> "Ameresco°s Facilities"means and consists of(1)facilities to process and to transport the <br /> LFG from the Transfer Point to the LFG processing equipment and the Plant at the Landfill, (2) <br /> the LFG processing equipment, and (3)the Plant, including without limitation any additional <br /> metering stations and blowers constructed or installed and owned by Ameresco. <br /> "APCD"has the meaning set forth in Article VI.A.1. <br /> "Applicable Laws"means any and all applicable Federal, State, County and local laws, <br /> statutes, rules, regulations, licenses, ordinances,judgment, order decree, directive, guideline or <br /> policy (to the extent mandatory) and permits, including all Environmental Laws, or any similar <br /> form of decision or determination by, or any interpretation or administration of, any of the <br /> foregoing by any governmental authority with jurisdiction over County, the County's Facilities, <br /> Ameresco, Ameresco's Facilities, the Landfill, the Plant, the Project or the performance of the <br /> work hereunder and the transaction contemplated hereunder. <br /> °"Base LFG Flow Rate"means the flow rate (in scfm) of LFG with a Lower Heating Value of <br /> 409 Btu/cu-ft combusted by the engines the Plant comprises on the Operations Date when such <br /> engines are operating at nameplate capacity. <br /> "BTU"means a British Thermal Unit:the energy equal to the amount of heat required to raise <br /> one pound of air-free water one (1) degree Fahrenheit at a constant pressure of one standard <br /> atmosphere. <br /> "Completion of LFG Collection System Expansion"means completion by Ameresco of an <br /> expansion of the LFG Collection System to its satisfaction following the Effective Date and the <br /> LFG Purchase Agreement 2 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> 1 SW-1013035-R6 <br />