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(iii)fuel-related subsidies or"tipping fees"that may be paid to Ameresco to
<br /> accept certain fuels, or local subsidies received by Ameresco for the destruction of particular
<br /> pre-existing pollutants or the promotion of local environmental benefits, or
<br /> (iv) emission reduction credits encumbered or used by Ameresco's Facilities for
<br /> compliance with local, State, or Federal operating and/or air quality permits.
<br /> (b) To the extent not included in (a) immediately above, all State, Federal or
<br /> local credits or deductions, payments or benefits arising from the purchase of LFG or the
<br /> generation and sale of electricity using LFG as a fuel (as opposed to the generation, collection,
<br /> production, extraction and sale of LFG), including any "green"tags or tickets, as well as all air
<br /> emission credits, reductions, offsets or any other similar benefits arising from the generation,
<br /> collection, production, use, reduction, conversion, destruction or sale of LFG, including without
<br /> limitation greenhouse gas carbon dioxide equivalent and NOx emissions credits or reductions
<br /> whether existing or inchoate, known or unknown, accrued, absolute, contingent or otherwise,
<br /> and whether currently or prospectively accredited, registered, approved, sanctioned,
<br /> recognized, governed or regulated by an existing or to be formed local, municipal, State,
<br /> Federal, regional, provincial or international governmental, quasi-governmental, public or private
<br /> body, enterprise or entity, as well as any other emission credits, reductions, offsets or similar
<br /> benefits that accrue as a result of Ameresco's activities, but not including Tax Credits.
<br /> "Environmental Laws"mean any and all applicable Federal, State, County, municipal and
<br /> local laws, statutes, rules, regulations, ordinances, codes, restrictions, permitting requirements,
<br /> licensing requirements and any other governmental requirements or obligations of any kind or
<br /> nature relating to
<br /> 1. Environmental pollution, contamination or other impairment of any kind or nature, or
<br /> 2. Hazardous waste or other toxic substances of any nature,whether liquid, solid and/or
<br /> gaseous, including, without limitation, smoke, vapor, fumes, soot, radiation, acids,
<br /> alkalis, chemicals, wastes, by-products and recycled materials.
<br /> Environmental Laws include, but not be limited to, the Federal Solid Waste Disposal Act, the
<br /> Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource Conservation and
<br /> Recovery Act of 1976, the Federal Comprehensive Environmental Responsibility Cleanup and
<br /> Liability Act of 1980, all as amended from time to time, regulations of the Environmental
<br /> Protection Agency, regulations of the Nuclear Regulatory Commission, regulations of any State
<br /> department of natural resources or State environmental protection agency, now or at any time
<br /> hereafter in effect and all applicable local ordinances, rules, regulations and permitting or
<br /> licensing requirements.
<br /> "Expansion Increment"means the flow (in scfm) of LFG with Lower Heating Value of 409
<br /> Btu/cu-ft, that is twenty percent (20%) greater than the flow of LFG combusted by a single
<br /> engine of the Plant operating at nameplate capacity.
<br /> "Fair Market Value"means
<br /> (i) prior to the Operations Date, the aggregate of all costs incurred by Ameresco in the
<br /> development of the Project, and
<br /> LFG Purchase Agreement 4
<br /> Foothill Sanitary Landfill
<br /> Ameresco San Joaquin LLC/San Joaquin County
<br /> SW-1013035-R6
<br />
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