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<br />- <br /> <br />e, <br /> <br />the data nor the assertion that the Landfill is the primary <br />cause of such events and, if so, that such events can be <br />reasonably anticipated to cause Boe to exceed the methane <br />specification of 25 ppm in its oxygen product, within 30 days <br />after receipt of such data, La Porte shall, within 30 days of <br />the expiration of the 30 day period, notify Boe as to its <br />selection of one of the remedial actions described in <br />paragraph 9.5a and 9.5b below. <br /> <br />9.5. a. If La Porte selects this remedial action <br />within 30 days of its selection notice to Boe it shall <br />pay BOe $117,650.00 in 1987 dollars for the installation <br />of a 100 foot high, 34 inch diameter, intake stack at <br />BOC IS facility. This cost shall be recalculated in <br />current dollars by applying an inflation factor derived <br />by dividing the most recent annual Implicit Price <br />Deflator for Gross National Product published by the <br />U . S. Department of Commerce in its Survey of Annual <br />Business by the annual Implicit Price Deflator for 1987. <br />If La Porte does not make a remedy selection within the <br />specified 30 day period or make the required payment <br />within the 30 day period after its selection of this <br />remedy, Boe has the right to proceed with installation <br />of the higher intake and proceed with its claim against <br />La Porte at a later time. <br /> <br />6 <br />