Orange County NC Website
23 <br /> (c) the LGC's members and employees, <br /> in all cases harmless from all liability, obligations, losses, claims, damages, actions, suits, <br /> proceedings, costs and expenses, including legal fees, arising out of, connected with, or <br /> resulting directly or indirectly from the Project, the Mortgaged Property or the transactions <br /> contemplated by this Contract, including without limitation the possession, condition, <br /> installation, construction or use of the Pledged Facilities. The indemnification arising under <br /> this Section will survive the Contract's termination. <br /> ARTICLE IX <br /> DISCLAIMER OF WARRANTIES <br /> The County acknowledges as follows: <br /> (a) that the Lender has not designed the Pledged Facilities; <br /> (b) that the Lender has not supplied any plans or specifications with respect to <br /> the Pledged Facilities; <br /> (c) that the Lender is not a manufacturer of, nor a dealer in, any of the compo- <br /> nent parts of the Pledged Facilities or similar facilities; <br /> (d) that the Lender has not made any recommendation, given any advice nor <br /> taken any other action with respect to (i) the choice of any supplier, vendor or designer <br /> of, or any other contractor with respect to, the Pledged Facilities or any component part <br /> thereof or any property or rights relating thereto, or (ii) any action taken or to be taken <br /> with respect to the Pledged Facilities or any component part thereof or any property or <br /> rights relating thereto at any stage of the construction thereof; <br /> (e) that the Lender has not at any time had physical possession of the Pledged <br /> Facilities or any component part thereof or made any inspection thereof or any property <br /> or rights relating thereto; <br /> (f) that the Lender has not made any warranty or other representation, express <br /> or implied, that the Pledged Facilities or any component part thereof or any property or <br /> rights relating thereto (i) will not result in or cause injury or damage to persons or proper- <br /> ty, (ii) has been or will be properly designed, or will accomplish the results which the <br /> County intends therefor, or (iii) is safe in any manner or respect. <br /> THE LENDER MAKES NO EXPRESS OR IMPLIED WARRANTY OR REP- <br /> RESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE MORT- <br /> GAGED PROPERTY OR THE PLEDGED FACILITIES OR ANY COMPONENT <br /> PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR <br /> 16 <br />