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