Common use of Additional Mitigation Projects Clause in Contracts

Additional Mitigation Projects. i. Determination of Need for Additional Mitigation Projects to Satisfy the Mitigation Obligation: If the Administrator or CARB reasonably determines that the First Project is unlikely to result in a quantity of Mitigation Fund Certified Reductions sufficient to satisfy the Mitigation Obligation, the Administrator may pursue one or more additional Mitigation Projects in accordance with Sections 3.b.i.1 (for pre-approved Dairy Projects), 3.b.i.2 (for additional Dairy Projects), or 3.b.i.3 (Additional Mitigation Projects) to achieve methane emissions reductions necessary to satisfy the Mitigation Obligation. The Administrator may also issue a public solicitation for Additional Mitigation Projects pursuant to Section ▇.▇.▇▇. 1. Pre-Approved Additional Dairy Project listed in Part 2 of Exhibit 1: The Administrator may select one or more additional Dairy Projects that are listed in Part 2 of Exhibit 1 (“Part 2 Dairy Projects”) and connected to a Common Facility included in the First Project, and add such Part 2 Dairy Project(s) to the First Project (or substitute such Part 2 Dairy Project(s) for Dairy Projects already included in the First Project), provided that any such Part 2 Dairy Project(s) (a) meets the Funding Threshold Requirement, (b) requires investment from the Mitigation Account to complete construction, and (c) complies with relevant terms of this Mitigation Agreement, including Sections 4, 5, and 8. The Administrator shall submit to CARB notice of the selection of a Part 2 Dairy Project that includes an explanation of how the Dairy Project meets the Funding Threshold Requirement. A Part 2 Dairy Project shall be deemed approved by CARB and included in the First Project thirty (30) days after the Administrator’s submission of notice, unless CARB notifies the Administrator of its reasonable basis for disagreeing that the Funding Threshold Requirement is met. For the avoidance of doubt, Part 2 Dairy Projects approved (or deemed approved) by CARB pursuant to this Section 3.b.i.1 shall become part of the First Project and shall not constitute Additional Mitigation Projects.