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DISCLAIMER OF WARRANTIES • <br />The County acknowledges that neither the Company nor the Trustee has designed <br />the Facilities, that neither the Company nor the Trustee has supplied any plans or <br />specifications with respect thereto and that neither the Company nor the Trustee (a) is a <br />manufacturer of, nor a dealer in, any of the component parts of the Facilities or similar <br />Facilities, (b) has made any recommendation, given any advice nor taken any other action <br />with respect to (1) the choice of any supplier, vendor or designer of, or any other <br />contractor with respect to, the 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 Facilities <br />or any component part thereof or any property or rights relating thereto at any stage of the <br />construction thereof, (c) has at any time had physical possession of the Facilities or any <br />component part thereof or made any inspection thereof or any property or rights relating <br />thereto, and (d) has made any warranty or other representation, express or implied, that <br />the Facilities or any component part thereof or any property or rights relating thereto (1) <br />will not result in or cause injury or damage to persons or property, (2) has been or will be <br />properly designed, or will accomplish the results which the County intends therefor, or <br />(3) is safe in any manner or respect. <br />THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY OR <br />REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE <br />FACILITIES OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT • <br />LIMITED TO ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE <br />MERCHANTABILITY OR THE FITNESS OR SUITABILITY THEREOF FOR ANY <br />PURPOSE, and further including the design or condition thereof; the safety, <br />workmanship, quality or capacity thereof; compliance thereof with the requirements of <br />any law, rule, specification or contract pertaining thereto; any latent defect; the ability of <br />the Facilities to perform any function; or any other characteristic of the Facilities; it being <br />agreed that the County is to bear all risks relating to the Facilities, the completion thereof <br />or the transactions contemplated by this Contract or by the Deed of Trust or the Trust <br />Agreement, and the County waives the benefits of any and all implied warranties and <br />representations of the Company. <br />The provisions of this Article will survive the Contract's termination. <br />ARTICLE IX <br />DEFAULT AND REMEDIES <br />9.1. Events of Default. An "Event of Default" is any of the following: <br />(a) The County's failure to make any Installment Payment by the due date. • <br />(b) The occurrence of an Event of Nonappropriation. <br />16 <br />