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54 <br /> delegating to the School Board any of the County's rights or responsibilities to make <br /> decisions regarding the School Board's capital and operating budgets. <br /> 7.3. County's Cooperation. (a) The County will cooperate fully with the <br /> School Board in filing any proof of loss or taking any other action under this Lease. <br /> Except as and to the extent provided in subsection (b), in no event will the County or the <br /> School Board voluntarily settle, or consent to the settlement of, any proceeding arising out <br /> of any insurance claim with respect to the Leased Property without the other's written <br /> consent. <br /> (b) In the case of a proceeding as to which amounts are to be paid out by the <br /> County or the School Board, either party may settle or consent to settlement without the <br /> other's consent if the amount of the settlement (i) is less than $50,000 or (ii) is to be paid <br /> entirely by insurance providers or other third parties. <br /> 7.4. Advances; Performance of Obligations. If the School Board fails to pay <br /> any amount required to be paid by it under this Lease, or fails to take any other action <br /> required of it under this Lease, the County may (but is under no obligation to) pay such <br /> amounts or perform such other obligations. The School Board agrees to reimburse the <br /> County for any such payments or for its costs incurred in connection with performing such <br /> other obligations, together with interest thereon at the annual rate of 4.00%. <br /> ARTICLE VIII <br /> DISCLAIMER OF WARRANTIES; OTHER COVENANTS <br /> 8.1. Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY <br /> OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, <br /> DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR A <br /> PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR USE OF THE <br /> LEASED PROPERTY OR ANY PART THEREOF OR ANY OTHER <br /> REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEASED <br /> PROPERTY OR ANY PART THEREOF. In no event will the County be liable for any <br /> direct or indirect, incidental, special or consequential damage in connection with or arising <br /> out of this Lease or the existence, furnishing, functioning or use by any of them of any <br /> item, product or service provided for herein. <br /> The School Board acknowledges that the County has not designed the proposed <br /> new auxiliary gymnasium, any other aspect of Grady Brown, or any other improvements <br /> on the Site (together, the "Improvements"), that the County has not supplied any plans or <br /> specifications with respect thereto and that the County (a) is not a manufacturer of, nor a <br /> dealer in, any of the component parts of the Improvements or similar facilities, (b) has <br /> not made any recommendation, given any advice nor taken any other action with respect <br /> 6 <br />