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Section 4 . Board of Education to Act as Agent of the County. <br /> Indemnification. The County hereby irrevocably appoints the Board <br /> of Education as its agent in connection with the acquisition, <br /> construction and equipping of the Improvements. The Board of <br /> Education, as the agent of the County for the foregoing purpose, <br /> shall cause the acquisition, construction and equipping of the <br /> Improvements to be completed on or before the date or dates set <br /> forth in the respective construction documents and otherwise in <br /> accordance with the respective construction documents and the <br /> Installment Purchase Contract and any applicable requirements of <br /> governmental authorities and law. The County hereby undertakes to <br /> make any insurance proceeds relating to the acquisition, <br /> construction and equipping of the Improvements available to the <br /> Board of Education for use in carrying out such obligation, <br /> provided that the County retains its rights to direct the use of <br /> such insurance proceeds to prepayment of the County's obligation to <br /> pay Installment Payments pursuant to the Installment Purchase <br /> Contract. <br /> To the extent permitted by law, the Board of Education shall <br /> indemnify and save the County harmless against and from all claims <br /> by or on behalf of any person, firm, corporation or other legal <br /> entity arising from the acquisition, construction or equipping of <br /> the Improvements; provided, however, that the Board of Education <br /> shall not be obligated to pay the Installment Payments pursuant to <br /> the Installment Purchase Contract or to indemnify any party to the <br /> Installment Purchase Contract for any third-party claims asserted <br /> against any such party relating to the payment of such Installment <br /> Payments. The Board of Education shall be notified promptly by the <br /> County of any action or proceeding brought in connection with any <br /> such claims arising from the acquisition, construction or equipping <br /> of the Improvements. <br /> Section 5. Description of Improvements. The Board of <br /> Education shall have the right to make any changes in the <br /> description of the Improvements or of any component or components <br /> thereof with the consent of the County; provided, however, that any <br /> such change shall not alter the public purpose of the Improvements <br /> and that any increase in the cost of the Improvements resulting <br /> from such a change shall, to the extent the increased cost exceeds <br /> the balance of the funds budgeted therefor as of the date of this <br /> Agreement, be payable solely from other funds of the Board of <br /> Education, which funds shall be encumbered for such purpose prior <br /> to the approval of any such change in the Improvements. <br /> Section 6. Right of Board of Education to Enforce Contracts. <br /> The County hereby assigns to the Board of Education all of its <br /> rights and powers under all purchase orders and contracts it enters <br /> into with respect to the Improvements, and the Board of Education <br /> shall have the right to enforce in its own name or the name of the <br /> County such purchase orders or contracts; provided, however, that <br /> BWNY/133962.2/15880/00013/1537 December 14, 1994 3 <br />