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2009-004 Solid Waste - UNC - Landfill Gas Agreement
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2009-004 Solid Waste - UNC - Landfill Gas Agreement
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Last modified
7/17/2015 9:42:53 AM
Creation date
7/29/2009 12:27:50 PM
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BOCC
Date
2/17/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4l
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Agenda - 02-17-2009 - 4l
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 02-17-2009
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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 />wan anties 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 />
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