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Agenda - 03-27-2007-9b
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Agenda - 03-27-2007-9b
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Last modified
8/29/2008 5:21:12 PM
Creation date
8/28/2008 11:31:15 AM
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BOCC
Date
3/27/2007
Document Type
Agenda
Agenda Item
9b
Document Relationships
Minutes - 20070327
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
S Purchasing - CHCCS Establishing a Lease Agreement & Agency Agreement for Elementary School # 10
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2007
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6 <br />impaired, and from time to time to make all necessary or appropriate repairs, replacements and <br />renewals. <br />Security - to take all reasonable steps necessary to safeguard the Contract <br />Property, including all personal property related thereto. <br />Utilities - to pay. all charges for utility services furnished to or used on or in <br />connection with the Contract Property. <br />No Encumbrance, Mortgage or Pledge -not to directly or indirectly create, <br />incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics' and <br />materialmen's liens), charge, encumbrance or other claim in the nature of a lien on or with <br />respect to the Contract Property. <br />Notice of Damage and Destruction - to notify the County promptly if (i) the <br />Contract Property or any portion thereof is stolen or is destroyed or damaged by fire or other <br />casualty, (ii) a material defect in the construction of any Improvements shall become apparent, or <br />(iii) title to or the use of all or any portion of the Contract Property shall be lost by reason of a <br />defect in title. Each notice shall describe generally the nature and extent of such damage, <br />destruction or taking. <br />f) Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR <br />REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, <br />CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR <br />FITNESS FOR A PARTICULAR USE OF THE CONTRACT PROPERTY OR ANY PART <br />THEREOF OR ANY OTHER REPRESENTATION OR WA,ItRANTY WITH RESPECT <br />TO THE CONTRACT PROPERTY OR ANY PART THEREOF. In no event shall the <br />County be liable for any direct or indirect, incidental, special or consequential damage in <br />connection with or arising out of this Agreement or the existence, furnishing, functioning or use by <br />anyone of any item, product or service provided for herein. <br />The School Board acknowledges that the County has not designed any improvements on <br />the Contract Property (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 dealer <br />in, any of the component parts of the Improvements or similar facilities, (b) has not made any <br />recommendation, 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, theImprovements or any <br />.component part thereof or any property or rights relating thereto, or (ii) any action taken or to be <br />taken with respect to the Improvements or any component part thereof or any property or rights <br />relating thereto at any stage of the construction thereof, (c) has not at any time had physical <br />possession of the 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 representation, <br />express or implied, that the Improvements 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 property, (ii) <br />
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