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Item 16 - Amend Agreements for Renewable Natural Gas Fueling Station
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Item 16 - Amend Agreements for Renewable Natural Gas Fueling Station
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8/11/2023 3:53:07 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
16
Date
12/20/2022
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<br /> <br /> <br />OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC – One North Lexington Avenue, White Plains, NY 10601• www.opalfuels.com <br />circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in- <br />path, Firm transportation is also curtailed; (ii) the Party claiming excuse failed to remedy the condition <br />and to resume the performance of such covenants or obligations with reasonable dispatch; (iii) <br />economic hardship; (iv) the loss of Dispenser’s or Supplier’s market(s), as applicable; or (v) the loss or <br />failure of Gas or Environmental Attribute supplies or depletion of reserves, as applicable. <br />Notwithstanding anything to the contrary herein, the Parties agree that the settlement of strikes, lockouts <br />or other industrial disturbances shall be within the sole discretion of the Party experiencing such <br />disturbance and shall not entitle such Party to the benefits of the provisions of Force Majeure. The Party <br />whose performance is prevented by Force Majeure must provide Notice to the other Party. Initial notice <br />may be given orally; however, written notice with reasonably full particulars of the event or occurrence is <br />required as soon as reasonably practicable after the occurrence of the Force Majeure event. Upon <br />providing written notice of Force Majeure to the other Party, the affected Party will be relieved of its <br />obligation, from the onset of the Force Majeure event, to perform its obligations to the extent impeded <br />by, and for the duration of, such event of Force Majeure, and neither Party shall be deemed to have <br />failed in such obligations to the other Party during such occurrence or event. <br /> <br />13. Notices. All notices, requests, consents, claims, demands, waivers and other communications <br />under this Master Agreement shall be in writing and shall be deemed to have been given (a) when <br />delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a <br />nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of <br />a PDF document (with confirmation of transmission) if sent during normal business hours of the <br />Dispenser, and on the next Business Day if sent after normal business hours of the Dispenser or (d) on <br />the third day after the date mailed, by certified or registered mail, return receipt requested, postage <br />prepaid. Such communications must be sent to the respective Parties at the following addresses (or at <br />such other address for a Party as shall be specified in a notice given in accordance with this Section: <br /> <br />If to Dispenser: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br /> Fax 714- 647-6956 <br /> <br /> <br />With at copy to: Nabil Saba <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax: 714- 647-5635 <br /> <br /> <br /> <br /> <br />If to Supplier: OPAL Fuels Station Services LLC, f/k/a TruStar Energy LLC <br /> One North Lexington Avenue, Suite 1450 <br /> White Plains, NY 10601 <br /> Attn: Juan Reina <br /> E-mail: noticeofficer@opalfuels.com <br /> <br />
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