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23 <br />transactions contemplated by this Contract. The indemnification arising under this <br />Article will survive the Contract's termination. <br />ARTICLE IX <br />DISCLAIlYII;R OF WARRANTIES <br />The County acknowledges that SunTrust has not designed the Financed <br />Facilities, that SunTrust has not supplied any plans or specifications with respect <br />thereto and that SunTrust (a) is not a manufacturer of, nor a dealer in, any of the <br />component parts of the Financed Facilities or similar facilities, (b) has not made <br />any recommendation, given any advice nor taken any other action with respect to <br />(1) the choice of any supplier, vendor or designer of, or any other contractor with <br />respect to, the Financed Facilities or any component part thereof or any property or <br />rights relating thereto, or (2) any action taken or to be taken with respect to the <br />Financed Facilities or any component part thereof or any property or rights. relating <br />thereto at any stage of the construction thereof, (c) has not at any time had physical <br />possession of the Financed Facilities or any component part thereof or made any <br />inspection thereof or any property or rights relating thereto, and (d) has not made <br />any warranty or other representation, express or implied, that the Financed <br />Facilities or any component part thereof or any property or rights relating thereto <br />(1) will not result in or cause injury or damage to persons or property, (2) has been <br />or will be properly designed, or will accomplish the results which the County <br />intends therefor, or (3) is safe in any manner or respect. <br />SUNTRUST MAKES NO EXPRESS OR IMPLIED WA~RIZANTY OR <br />REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO <br />THE FINANCED FACILITIES OR ANY COMPONENT PART THEREOF, <br />INCLUDING BUT NOT LIIvIITED TO ANY WA,RRANT'Y OR <br />REPRESENTATION WITH RESPECT TO THE MERCHANTABILITY OR <br />TIC FITNESS OR SUITABILITY THEREOF FOR ANY PURPOSE, and further <br />including the design or condition thereof; the safety, workmanship, quality or <br />capacity thereof; .compliance thereof with the requirements of any law; rule, <br />specification or contract pertaining thereto; any latent defect; the ability of the <br />Financed Facilities to perform any function; that the Amount Advanced will be <br />sufficient to pay all Project Costs; or any other characteristic of the Financed <br />Facilities; it being agreed that the County is to bear all risks relating to the <br />Financed Facilities, the completion thereof or the transactions contemplated by this <br />Contract or by the Deed of Trust or the Project Fund Agreement, and the County <br />waives the benefits of any and all implied warranties and representations of <br />SunTrust. <br />97562vi 23 <br />