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"Project"means construction and operation of the Plant, lease of the Site, operation of the LFG <br /> Collection System by Ameresco, and the subsequent sale of the electricity and Environmental <br /> Attributes to one or more third parties. <br /> "Project Milestones"means achieving the commercial operation date under the Power <br /> Purchase Agreement by the date prescribed for the Operations Date in milestone number 4 <br /> under Article XIX.A. <br /> "Request for Proposal"or"RFP"means the Request for Proposal#09-24 issued by County <br /> on or about May 7, 2009. <br /> "Site"means real property subject to a Site Lease Agreement executed by County and <br /> Ameresco upon which the Plant and certain other of Ameresco's Facilities are to be located. <br /> r <br /> "Site Lease Agreementrt means a separate agreement between the Parties for the lease of the <br /> Site. <br /> "Steady State Operation"is the average use of LFG for a period of ninety (90) days, with the <br /> BTU rate of the collected gas varying by no more than 5 percent(plus or minus)from the <br /> average during that time. <br /> "Tax Credits"means all or any of the credits against or with reference to any Federal, State or <br /> local taxes with respect to the LFG collected at the Landfill or any activities of County or <br /> Ameresco, County's or Ameresco's Facilities at or with respect to the Landfill. <br /> "Term" has the meaning set forth in Article N.B. <br /> "Testing Procedures"shall have the meaning set forth in Article V.B.6. <br /> "Transfer Point"has the meaning set forth in Article VII.H. <br /> LFG Purchase Agreement 8 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> Sw-106035-R6 <br />