2006 - 11-13-06 Regular Meeting - Laserfiche WebLink

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BOOK 21 PAGF 34 9 the prior consent, oral or written, of the County; provided, however, that any such change shall not alter the purpose of the 2006 School Project as a public school facility. Section 4. Construction Conferences. The Board of Education hereby agrees that it will, upon the request of the County Manager of the County, provide to the County Manager or his designee timely notice of all conferences with representatives of the architects, contractors and vendors with respect to the acquisition, construction and equipping of the 2006 School Project and that the County Manager or his designee shall have the right to attend all such conferences. The County hereby agrees that it will, upon the request of the Superintendent of the Board of Education, provide to the Superintendent or his designee timely notice of all conferences with representatives of the architects, contractors and vendors with respect to the acquisition, construction and equipping of the 2006 School Project and that the Superintendent or his designee shall have the right to attend all such conferences. Section 5. Board of Education's Right to Enforce Agreements. The Board of Education shall have the right to enforce in its own name or the name of the County such construction contracts, purchase orders or other agreements relating to the acquisition, construction and equipping of the 2006 School Project at law or in equity; provided, however, that the assignment by the County shall not prevent the County from asserting said rights and powers in its own behalf. Section 6. Acceptance. The Board of Education, for one dollar ($1.00) and other good and valuable consideration in hand received, does hereby accept the foregoing appointment of Supervisory Power over the acquisition, construction and equipping of the 2006 School Project as described in Section 1 hereof and does hereby accept the foregoing delegation of duties as described in Section 2 hereof. Section 7. Board of Education Not an Agent of the County. The Board of Education in carrying out its duties under this Agreement is acting as an independent contractor and is not an agent of the County in connection with this Agreement or in connection with any other agreement between the Board of Education and the County, express or implied. Section 8. Disclaimers of the Counri. The Board of Education acknowledges and agrees that the design of the 2006 School Project has not been made by the County, that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the component parts of the 2006 School Project or similar projects, (b) has not made any recommendation, given any advice or taken any other action with respect to (i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the 2006 School Project or any component part thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the 2006 School Project or any component part thereof or any property or rights relating thereto at any stage of the construction thereof, (c) has not at any time had physical possession of the 2006 School Project or any component part thereof or made any inspection thereof or any property or rights relating thereto, and (d) has not made any warranty or other representation, express or implied, that the 2006 School Project or any component part thereof or any property or rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has been or will be 4