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2000 S EDC - Approval of Resolution Concerning Revised Documents Governing Orange County Small Business Loan Program
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2000 S EDC - Approval of Resolution Concerning Revised Documents Governing Orange County Small Business Loan Program
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Last modified
4/17/2013 10:57:25 AM
Creation date
12/28/2012 4:12:52 PM
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BOCC
Date
3/21/2000
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5a
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Agenda - 03-21-2000-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 03-21-2000
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9 <br /> ARTICLE V <br /> 5.0 1. (a) Upon the occurrence and continuation of <br /> any Event of Default, the non-defaulting party may (i) incur and pay such reasonable <br /> expenses for the defaulting party's account as may be necessary to cure the cause of any <br /> default, (ii) avail itself of all remedies available under this Support Agreement, and (iii) <br /> proceed to protect and enforce its rights under this Support Agreement by all means <br /> available a law or.in equity, including by an action for the specific performance of any <br /> covenant, agreement or other provision of this Support Agreement as may be most <br /> effectual to protect and enforce such rights. <br /> (b) All remedies under this Support Agreement -are cumulative and may be <br /> exercised concurrently or separately. The exercise of any one remedy shall not be deemed <br /> an election of such remedy or preclude the exercise of any other remedy. If any Event of <br /> Default shall occur and thereafter be waived, such waiver shall be limited to the <br /> particular breach so waived and shall not be deemed a waiver of any other breach under <br /> this Support Agreement. <br /> 5.02. IndmnificatiQU. To the extent permitted by law, the Company shall <br /> indemnify, protect and save the County and its officers harmless from all liability, <br /> obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, <br /> including attorneys' fees and costs of investigation and discovery, arising out of, <br /> connected with, or resulting directly or indirectly from the transactions contemplated by <br /> this Support Agreement, the Loan Agreement or otherwise with respect to-the Loan <br /> Program. The indemnification arising under this Section shall survive this Support <br /> Agreement's termination. <br /> 5.03. Bights of Third Partite, The Banks are the only intended third-party <br /> beneficiaries of this Support Agreement. <br /> 5.04. Limitation of Liability of Officials. No covenant, condition or agreement <br /> contained in this Support Agreement shall be deemed to be a covenant, agreement or <br /> obligation of a present or future officer, employee or agent of the Company or the County <br /> in such person's individual capacity. No Company or County officer, employee or agent <br /> shall incur any personal liability with respect to any action taken pursuant to this Support <br /> Agreement,provided such person acts in good faith. <br /> 5.05. Sev=hilily. The provisions of this Support Agreement .are hereby <br /> declared to be severable. If any court of competent jurisdiction shall hold any provision <br /> of this Support Agreement to be invalid and unenforceable, such holding shall not <br /> invalidate any other provision. <br /> 5 <br />
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