Agenda - 02-17-2009 - 4l - Laserfiche WebLink

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miscalculations, or omissions of which the University has knowledge, in any of the reports it has prepared or furnished to the County. 90. The County represents and warrants that it has legal authority and right to make and enter into the Agreement. C. Disclaimer of Warranties 91. Except as specifically set forth in Subpart B of this Article fIV, the University accepts the condition of the Landfill, any real property subject to an easement or right-of-way granted by the County,and the Landfill Gas "AS IS,WHERE IS, WITH ALL FAULTS,"and the University acknowledges that the County has not made and does not hereby make,and specifically disclaims, any representations, guarantees, promises, covenants, agreements or warranties of any kind or nature whatsoever whether past, present or future, oral or written, expressed or implied, concerning the condition or quality of the Landfill, any real property subject to an easement or right-of-way granted by the County, or the Landfill Gas and their fitness for any particular use, purpose,business or activity contemplated, intended or ongoing. ARTICLE V LIABILITY 92. The University shall be solely responsible for the installation, construction, operation,maintenance,and repair of the LFG Project. It shall also be responsible,with respect to the LFG Project,for(a)the installing,constructing,operating,maintaining,and repairing the LFG Project in compliance with all LFG Project Permits and applicable Laws; (b) responding to any notices of violation or compliance inquiries; (c) defending any enforcement actions; (d)resolving any claims; and (e)paying any associated penalties. The University shall also be responsible for damages and claims caused by the University's own negligence or that of its agents or employees. 24 {00018638.DOC 211 4}