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Gas Migration Mitigation Agreement <br /> September 5, 1986 <br /> Page 5 <br /> <br /> · ARTICLE III <br /> <br /> TERM <br /> 3.01 The term of this Agreement shall commence on <br /> <br />September__, 1986, and continue until (1) methane gas is no <br />longer being generated on the LANDFILL by municipal waste in <br />significant amounts and (2) methane gas already generated no <br />longer remains on or under the LANDFILL site or the OWNERS' <br />PROPERTY in significant amounts. <br /> <br /> 3.02 At such time as PGS believes that both <br /> <br />conditions set forth in Section 3.01 exist and a consultant <br />acceptable to the CITY determines that both conditions exist, <br />PGS may send a termination notice to the CITY and OWNERS with a <br />copy of the report setting forth the consultant's determi- <br />nation. If the OWNERS disagree with the determination of the <br />consultant, the CITY shall serve as or appoint an arbitrator to <br />determine if the termination is proper. The cost of <br />arbitration shall be paid by PGS. <br /> <br /> ARTICLE IV <br /> <br /> PRIMARY MITIGATION MEASURES BY PGS <br /> <br /> 4.01 Pursuant to Order No. 78-60 issued by the <br /> <br />Regional Water Quality Control Board for the San Francisco Bay <br />Region, PGS has been ordered to comply with certain specifi- <br />cations in connection with the closure of LANDFILL. Such <br />specifications include the requirement to install methane gas <br /> <br /> <br />