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2006 - 11-13-06 Regular Meeting
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2006 - 11-13-06 Regular Meeting
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Admin-Clerk
Committee
Board of Commissioners
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0 0 <br />BOOK A PAGE 330 <br />properly designed or constructed or will accomplish the results which the Board of Education <br />intends therefor, or (iii) is safe in any manner or respect. <br />The County makes no express or implied warranty or representation of any kind <br />whatsoever with respect to the 2006 School Project or any component part thereof to the Board <br />of Education or any other circumstance whatsoever with respect thereto, including, but not <br />limited to, any warranty or representation with respect to the merchantability or the fitness or <br />suitability thereof for any purpose; the design or condition thereof, the safety, workmanship, <br />quality or capacity thereof; compliance thereof with the requirements of any law, rule, <br />specification or agreement pertaining thereto; any latent defect; the ability thereof to perform any <br />function; that the funds made available by the County will be sufficient (together with other <br />available funds of the Board of Education) to pay the costs of the 2006 School Project; or any <br />other characteristic of the 2006 School Project; it being agreed that all risks relating to the 2006 <br />School Project, the completion thereof or the transactions contemplated hereby are to be borne by <br />the Board of Education, and the benefits of any and all implied warranties and representations of <br />the County are hereby waived by the Board of Education. <br />Section 9. Agreement to Survive Termination of Lease. Notwithstanding anything to <br />the contrary contained herein, the Supervisory Power granted to the Board of Education by the <br />County hereunder shall, in the event that the 2006 School Project is not fully completed prior to <br />the termination of the Lease, survive the termination of the Lease. <br />Section 10. Indemnification. To the extent permitted by law, the Board of Education <br />shall indemnify and save the County harmless against and from all claims by or on behalf of any <br />person, firm, corporation or other legal entity arising from its undertaking of the Supervisory <br />Power under this Agreement relating to the acquisition, construction and equipping of the 2006 <br />School Project; provided, however, that the Board of Education shall not be obligated to make <br />any debt service payments, installment payments, lease payments or similar payment relating to <br />any financing by the County to provide funds for the costs of the 2006 School Project or to <br />indemnify (a) any party to any agreement pursuant to which the County financed all or a portion <br />of the cost of the 2006 School Project for any third-party claims asserted against any such party <br />relating to such financing or (b) the County for any liability arising from any act of negligence or <br />willful misconduct on the part of the County or any of its agents, officers or employees. The <br />Board of Education shall notify the County, and the County shall notify the Board of Education, <br />promptly of any action or proceeding brought in connection with any such claims arising from <br />the acquisition, construction and equipping of the 2006 School Project. <br />As between the Board of Education and the County, the covenant of the Board of <br />Education in this Section, except to the extent permitted by law, is unconditional and absolute. <br />As between the Board of Education and any third-party, the Board of Education, to the extent <br />permitted by law, hereby reserves the right and defense of sovereign immunity. <br />Section 11. Amendments and Further Instruments. The County and the Board of <br />Education may from time to time execute and deliver such amendments to this Agreement, <br />including modification to Exhibit A hereto, and such further instruments as may be required or <br />desired for carrying out the expressed intention of this Agreement. <br />5 <br />
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