Agenda - Council - 11/28/1995 - Laserfiche WebLink

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from WMMI's commercial marketing of landfill gas, if any. Within sixty {60) days following the end of each calendar year, WMMI shall ~eliver to the City, the County and Ramsey a statement of said gross revenues received during the preceding calendar year, certified, as correct by an Accountant. 6. No Affirmative Duty. independent Certified Public WMMI, by its entry into this Agreement undertakes no duty or obligation, nor does it guarantee or agree, to take any affirmative action to initiate, enhance or continue the generation of landfill gas for extraction, or to extract or process the same, nor does it undertake any duty or obligation to make the extraction or processing of landfill gas economically viable or commercially feasible, or to commercially market the same. The obligation of WMMI to make payments here- under shall exist if, and only to the extent that, WMMI, in its sole discretion, determines commercially to market landfill gas. In the event that WMMI dOes determine commercially to market landfill gas, WMMI may, in its sole discretion, discon- tinue said commercial marketing, at which time any payments hereunder shall cease. 7. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed given when hand delivered 'to the Mayor or City Clerk of the City or Ramsey,-to the County Administrator of the County, or to an officer of WMMI or when mailed by registered or certified United States mail, postage prepaid, addressed as follows: To the City: With a copy to~ To Ramsey: City Manager City of Anoka 2015 1st Avenue North Anoka, Minnesota 55303 Thomas Gedde Jensen, Hicken, Gedde & Soucie State Bank Building 'Anoka, Minnesota 55303 City Manager City of Ramsey 15153 Northwest Nowthen Boulevard ~amsev. Minnesota 55303 - 3 - 6/21/84