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action is required, to maintain the exclusion from gross income of <br /> the interest on the obligation created by this Contract pursuant to <br /> Section 103 of the Code, the Lender may rely conclusively on such <br /> opinion in complying with the provisions hereof. <br /> SECTION 9 . INDEMNIFICATION; DISCLAIMER OF WARRANTIES <br /> 9 .1 Indemnification. To the extent permitted by law, the <br /> County hereby agrees to indemnify, protect and save the Lender and <br /> the North Carolina Local Government Commission, their officers, <br /> directors, members and employees, harmless from all liability, <br /> obligations, losses, claims, damages, actions, suits, proceedings, <br /> costs and expenses, including attorneys' fees, arising out of, <br /> connected with, or resulting directly or indirectly from the <br /> Project or the transactions contemplated by this Contract, other <br /> than any claim arising out of the acts or omissions constituting <br /> negligence or wilful misconduct of the Lender or its officers or <br /> agents. The indemnification arising under this Section shall <br /> continue in full force and effect notwithstanding the payment in <br /> full of all obligations under this Contract. <br /> 9 .2 Disclaimer. The County agrees that the Lender has not <br /> designed the Project, that the Lender has not suppplied any plans <br /> or specifications with respect thereto and that the Lender (i) is <br /> not a manufacturer of, nor a dealer in, any of the component parts <br /> of the Project, (ii) has not made any recommendation, given any <br /> advice nor taken any other action with respect to (A) the choice of <br /> any supplier, vendor or designer of, or any other contractor with <br /> respect to, the Project or any component part thereof or any <br /> property or rights relating thereto, or (B) any action taken or to <br /> be taken with respect to the Project or any component part thereof <br /> or any property or rights relating thereto at any stage of the <br /> construction thereof, (iii) has not at any time had physical <br /> possession of the Project or any component part thereof or made any <br /> inspection thereof or any property or rights relating thereto, and <br /> (iv) has not made any warranty or other representation, express or <br /> implied, that the Project or any component part thereof or any <br /> property or rights relating thereto (A) will not result in or cause <br /> injury or damage to persons or property, (B) has been or will be <br /> properly designed, or will accomplish the results which the County <br /> intends therefor, or (C) is safe in any manner or respect. <br /> THE LENDER MAKES NO EXPRESS OR IMPLIED WARRANTY OR <br /> REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE PROJECT <br /> OR ANY COMPONENT PART THEREOF TO THE COUNTY, 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 <br /> safety, workmanship, quality or capacity thereof; compliance <br /> thereof with the requirements of any law, rule, specification or <br /> contract pertaining thereto; any latent defect; the Project' s <br /> 14 <br />