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94 <br /> granted by the County,and the Landfill Gas "AS IS,WHERE IS,WITH ALL FAULTS,"and the <br /> University acknowledges that the County has not made and does not hereby make,and specifically <br /> disclaims, any representations, guarantees,promises, covenants, agreements or warranties of any <br /> kind or nature whatsoever whether past, present or future, oral or written, expressed or implied, <br /> concerning the condition or quality of the Landfill, any real property subject to an easement or <br /> right-of-way granted by the County, or the Landfill Gas and their fitness for any particular use, <br /> purpose,business or activity contemplated,intended or ongoing. <br /> ARTICLE V <br /> LIABILITY <br /> 92. 93—The University shall be solely responsible for the installation, construction, <br /> operation,maintenance,and repair of the LFG Project. It shall also be responsible,with respect to <br /> the LFG Project,for(a)the installing,constructing,operating,maintaining,and repairing the LFG <br /> Project in compliance with all LFG Project Permits and applicable Laws; (b) responding to any <br /> notices of violation or compliance inquiries; (c) defending any enforcement actions; (d)resolving <br /> any claims; and(e)paying any associated penalties. The University shall also be responsible for <br /> damages and claims caused by the University's own negligence or that of its agents or employees. <br /> 93. 947-The County shall be solely responsible for the operation,maintenance,closure, <br /> and post-closure of the Landfill, exclusive of the LFG Project. The County shall also be <br /> responsible with respect to the Landfill,exclusive of the LFG Project,for(a)operating and closing <br /> the Landfill in compliance with all Landfill Permits and applicable Laws; (b) responding to any <br /> notices of violation or compliance inquiries; (c)defending any enforcement actions; (d)resolving <br /> any claims; and(e)paying any associated penalties. <br /> 94. 9-Except to the extent caused by the negligent operation of the LFG Collection <br /> System by the University(or its contractors and agents),the County shall be solely responsible for <br /> {00022477.DOC} <br />