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2004 S Finance - BB&T Refinancing Installment Purchase Agreement
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2004 S Finance - BB&T Refinancing Installment Purchase Agreement
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Last modified
4/14/2011 12:12:39 PM
Creation date
2/22/2011 8:50:21 AM
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BOCC
Date
8/17/2004
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
5q
Document Relationships
Agenda - 08-17-2004-5q
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\Board of County Commissioners\BOCC Agendas\2000's\2004\Agenda - 08-17-2004
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to the Equipment (except the security interest granted to the Bank). The County shall <br />promptly, at its own expense, take such action as maybe necessary to duly discharge any <br />such lien, security interest, charge, encumbrance or claim if the same shall arise at any <br />time. The County shall reimburse the Bank for any expense incurred by it in order to <br />discharge or remove any such lien, security interest, encumbrance or claim. <br />SECTION 7. INSURANCE AND UNFORESEEN LOSSES <br />7.1. Insurance. The County shall obtain and maintain, at its expense, at all <br />times until termination of this Contract a primary policy of insurance covering the <br />Equipment and providing the insurance protection described in this Section. The County <br />shall maintain at its own expense fire, casualty, public liability, property damage and <br />theft insurance, and such other insurance in such amounts and with such deductibles, if <br />permitted, as required by the Bank from time to time. The Equipment shall be insured in <br />an amount at least equal to its replacement value. All such insurance shall be maintained <br />with such insurance company or companies as shall be satisfactory to the Bank and shall <br />provide that losses shall be payable to the Bank and the Bank shall be named as an <br />additional insured with respect to all such insurance. The County shall deliver to the <br />Bank the policies of insurance or duplicates thereof or other evidence satisfactory to the <br />Bank of such insurance coverage. Each insurer shall agree by endorsement upon the <br />policy or policies issued by it that (i) it will give thirty (30) days prior written notice to <br />the Bank of the cancellation or material modification of such policy; and (ii) the coverage <br />of the Bank shall not be terminated, reduced or affected in any manner regardless of any <br />breach or violation by the County of any warranties, declarations and conditions of such <br />insurance. The County agrees to cooperate fully in all accident insurance investigations, <br />claims and litigation proceedings. The County shall cooperate fully with the Bank in <br />filing any proof of loss with respect to any insurance policy described above. In no event <br />shall the County voluntarily settle, or consent to the settlement of, any proceeding arising <br />out of any insurance claim with respect to the Equipment without the written consent of <br />the Bank. <br />In lieu of policies of insurance written by commercial insurance companies meeting <br />the requirements of this Section, the County may maintain a program of self-insurance or <br />participate in group risk financing programs, risk pools, risk retention groups, purchasing <br />groups and captive insurance companies, and in state or federal insurance programs. <br />7.2. Condemnation. Any condemnation award paid as a result of the exercise <br />of the power of eminent domain over the Equipment or any part thereof by any <br />governmental body or any person or entity acting under governmental authority, which is <br />not utilized by the County to repair or replace the Equipment to the satisfaction of the <br />Bank shall be paid to the Bank in accordance with Sections 3.5 and 5.6 hereof. <br />SECTION 8. WARRANTIES AND REPRESENTATIONS OF THE COUNTY <br />The County warrants and represents to the Bank (all such representations and <br />warranties being continuing) as follows: <br />8 <br />
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