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is <br />Utilities - to pay all charges for utility services furnished to or used on <br />or in connection with the Contract Property. <br />No Encumbrance, Mortgage or Pledge -not to directly or indirectly <br />create, incur, assume or suffer to exist any mortgage, pledge, lien (including <br />mechanics' and materialmen's liens), charge, encumbrance or other claim in the <br />nature of a lien on or with respect to the Contract Property. <br />Notice of Damage and Destruction - to notify the County promptly if <br />(i) the Contract Property or any portion thereof is stolen or is destroyed or <br />damaged by fire or other casualty, (ii) a material defect in the construction of any <br />Improvements shall become apparent, or (iii) title to or the use of all or any portion <br />of the Contract Property shall be lost by reason of a defect in title. Each notice <br />shall describe generally the nature and extent of such damage, destruction or, taking <br />~ Disclaimer of Warranties. THE COUNTY MAKES NO <br />WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, <br />AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR <br />FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A <br />PARTICULAR USE OF THE CONTRACT PROPERTY. OR A,NY PART <br />THEREOF OR A,NY OTHER REPRESENTATION OR WARRANTY WITH <br />RESPECT TO THE CONTRACT PROPERTY OR ANY PART THEREOF. <br />In no event will the County be liable for any direct or indirect, incidental, special or <br />consequential damage in connection with or arising out of this Agreement or the <br />existence, furnishing, functioning or use by any of them of any item, product or <br />service provided for herein. <br />The School Board acknowledges that the County has not designed any <br />improverinients on the Contract Property (the "Improvements"), that the County has <br />not supplied any plans or specifications with respect thereto and that the County (a) <br />is not a manufacturer of, nor a dealer in, any of the component parts of the <br />Improvements or similar Contract Property, (b) has not made any recommendation, <br />given any advice nor taken any other action with respect to (i) the choice of any <br />supplier, vendor or designer of, or any other contractor with respect to, the <br />Improvements or any component part thereof or any property •or rights relating <br />thereto, or (ii) any action taken or to be taken with respect to the Improvements or <br />any component part thereof or any property or rights relating thereto at any stage <br />of the construction thereof, (c) has not at any time had physical possession of the <br />Improvements or any component part thereof or made any inspection thereof or <br />any property or rights relating thereto, and (d) has not made any warranty or other <br />94432v1 5 <br />