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<br />. <br /> <br />. <br /> <br />THIS AGREEMENT IS SUBJECT TO ARBITRATION <br />UNDER THE TEXAS GENERAL ARBITRATION ACT <br /> <br />STATE OF TEXAS S <br />S <br />COUNTY OF HARRIS S <br /> <br />AGREEMENT REGARDING MUNICIPAL SOLID WASTE DISPOSAL SITE <br /> <br />WHEREAS, the City of La Porte, a municipal corporation in <br />Harris County, Texas ("La Porte"), has applied for a solid waste <br />disposal permit from the Texas Department of Health ("TDH") for a <br />solid waste landfill (the "Landfill"), on property located <br />approximately 0.5 miles south of the intersection of Bay Area <br />Boulevard and Fairmont parkway and immediately east of Bay Area <br />Boulevard in the extraterritorial jurisdiction of the City of La <br /> <br />Porte in Harris County, Texas; <br /> <br />WHEREAS, La Porte has obtained a permit for an air curtain <br />destructor from the Texas Air Control Board and in the future La <br /> <br />Porte may expand operations at the Landfill to include resource <br /> <br />recovery operations (all operations at the Landfill are included <br /> <br />within the term "Landfill" for purposes of this Agreement); <br /> <br />WHEREAS, the BOC Group, Inc. ("BOC"), a Delaware corporation, <br /> <br />successor to Airco, Inc., a Delaware corporation owns property to <br />the north of the proposed Landfill where it operates an air <br /> <br />separation plant which produces oxygen, nitrogen, and argon <br /> <br />wherein the oxygen product specification might be adversely <br />affected by methane emissions from the proposed Landfill; <br />WHEREAS, BOC has been opposing La Portels application for a <br />TDH permit for the Landfill; and <br /> <br />1 <br />