Common use of Pursuant to Sections Clause in Contracts

Pursuant to Sections. 8.1(I) and 10.1 of the Gas Agreement, the City hereby requests and authorizes the Gas Producer to install, from time to time, certain City Additions to Landfill Gas System. The City agrees to pay to the Gas Producer all reasonable costs incurred by the Gas Producer and approved in advance by the City for the installation of any such City Addition to Landfill Gas System, provided, however, that the Gas Producer shall have no obligation to incur costs of installation which exceed $2,500,000 in the aggregate in July 2010 dollars (the "Cost Ceiling"). For the purposes of this Agreement, "reasonable costs incurred by the Gas Producer" include all costs incurred in connection with the installation of any such City Addition to Landfill Gas System, as well as costs incurred by the Gas Producer or its Affiliates in arranging for and/or obtaining financing of any such costs, and any direct or indirect costs of the Gas Producer or its Affiliates, including overhead, or any third party costs associated with any such design and installation (“City Directed Costs"). All such City Directed Costs shall be clearly delineated in a written proposal from the Gas Producer to be based on the City’s request and provided to the City for its advance evaluation as stipulated in Section 8.1(I) of the Gas Agreement. The Gas Producer shall not incur any City Directed Costs nor shall it proceed with the installation of any City Additions to Landfill Gas System pursuant to this Agreement prior to the issuance by the City of a Notice to Proceed with respect to such installation. The Notice to Proceed shall describe, in detail, such City Additions to Landfill Gas System to be installed, including the Gas Producer's design as accepted by the City and the bid for such installation.

Pursuant to Sections. 8.1(I) and 10.1 of the Gas Agreement, the City hereby requests and authorizes the Gas Producer to install, from time to time, certain City Additions to Landfill Gas System. The City agrees to pay to the Gas Producer all reasonable costs incurred by the Gas Producer and approved in advance by the City for the installation of any such City Addition to Landfill Gas System, provided, however, that the City shall not request the installation of any City Additions to Landfill Gas System that would require the Gas Producer shall have no obligation to incur costs of installation which exceed $2,500,000 in the aggregate in July 2010 dollars (the "Cost Ceiling"). For the purposes of this Agreement, "reasonable costs incurred by the Gas Producer" include all costs incurred in connection with the installation of any such City Addition to Landfill Gas System, as well as costs incurred by the Gas Producer or its Affiliates in arranging for and/or obtaining financing of any such costs, and any direct or indirect costs of the Gas Producer or its Affiliates, including overhead, or any third party costs associated with any such design and installation (“City Directed Costs"). All such City Directed Costs shall be clearly delineated in a written proposal from the Gas Producer to be based on the City’s request and provided to the City for its advance evaluation as stipulated in Section 8.1(I) of the Gas Agreement. The Gas Producer shall not incur any City Directed Costs nor shall it proceed with the installation of any City Additions to Landfill Gas System pursuant to this Agreement prior to the issuance by the City of a Notice to Proceed with respect to such installation. The Notice to Proceed shall describe, in detail, such City Additions to Landfill Gas System to be installed, including the Gas Producer's design as accepted by the City and the bid for such installation.