Orange County NC Website
Browse       Search
have been or will be properly designed, or will accomplish the results which the School Boazd <br />• intends therefor, or (iii) are safe in any manner or respect. <br />g) Permits and Other Authorizations. The School Boazd covenants and represents <br />to the County that the School Boazd has obtained all permits, consents, approvals or authorizations <br />of all governmental entities and regulatory bodies required as a condition to the use of the Contract <br />Property for public school purposes. The School Boazd further covenants and warrants to maintain <br />through the duration of this Agreement all such permits, consents, approval or authorizations <br />necessary to use the Contract Property for public school purposes. <br />h) Property owned by County. Except for personal property purchased by the School <br />Board at its own expense, title to the Contract Property and any and all additions and modifications <br />to or replacements of any portion of the Contract Property will be held in the County's name until <br />and unless conveyed as provided in Section 3. <br />The School Boazd has no right, title or interest in the Contract Property or any additions and <br />modifications to or replacements of any portion of the Contract Property during the Lease Term, <br />except as expressly set forth in this Agreement. <br />i) School Board's Subleasing and Assignment. (1) Except as provided in subsection <br />(2) the School Boazd may not sublease the Contract Property, in whole or in part, enter into other <br />agreements for the use of any part of the Contract Property or assign any of its rights or obligations <br />• under this Agreement, without the County's prior written consent. (2) The School Boazd may enter <br />into agreements for the use of portions of the Contract Property with state and local (but not federal) <br />government entities, and may allow for the occasional use of portions of the Contract Property by <br />non-government entities, in each case without the necessity of obtaining the County's prior consent. <br />The School Boazd must make an annual report to the County of all such agreements so that the <br />County may monitor such use to protect its rights to the Contract Property and to assure compliance <br />with any separate covenants made by the County with respect to such Contract Property. The <br />School Board must make this report by September 15 of each year for the School Board's then most <br />recently-completed fiscal yeaz. <br />j) Indemnification. To the extent permitted by law, the School Board will indemnify <br />and save the County harmless against and from all claims, by or on behalf of any person, firm, <br />corporation or other legal entity, arising from the operation or management of the Contract Property <br />during the Lease Term, including any arising from: (i) any condition of the Contract Property; or <br />(ii) any negligent act of the School Boazd or of any of its agents, contractors or employees or any <br />violation of law by the School Boazd or breach of any covenant or warranty by the School Board <br />under this Agreement. The School Boazd will, upon notice from the County, defend or pay the cost <br />of defending the County in any action or proceeding brought in connection with any claims arising <br />out of circumstances described in (i) above. <br />2. The School Board will carry out all Projects as the County's agent <br />• -5- <br />