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Agenda - 12-20-94 - Agreement - V-B
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Agenda - 12-20-94 - Agreement - V-B
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11/9/2016 3:11:28 PM
Creation date
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
V-B
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this assignment by the County shall not prevent the County from <br /> asserting said rights and powers in its own behalf. <br /> Section 7 . Construction Conferences. The Board of Education <br /> hereby agrees that it will provide to the County Engineer or his <br /> designee timely notice of all conferences with representatives of <br /> the architects, contractors and vendors with respect to the <br /> Improvements and that the County Engineer or his designee shall <br /> have the right to attend all such conferences. <br /> Section 8. Compliance with Installment Purchase Contract. <br /> The Board of Education agrees that, except as otherwise provided in <br /> this Agreement or in the Lease, it will faithfully discharge all <br /> duties imposed on the County by the Installment Purchase Contract <br /> with respect to the acquisition, construction and equipping of the <br /> Improvements- and the operation, maintenance and insuring of the <br /> Property (as defined in the Installment Purchase Contract) . <br /> Section 9 . Acceptance. The Board of Education, for one <br /> dollar ($1. 00) and other good and valuable consideration in hand <br /> received, does hereby accept the foregoing appointment as agent of <br /> the County for the purposes set forth in Section 1 above. <br /> Section 10. Disclaimers of the County. The Board of <br /> Education acknowledges and agrees that the design of the <br /> Improvements has not been made by the County, that the County has <br /> not supplied any plans or specifications with respect thereto and <br /> that the County (a) is not a manufacturer of, or a dealer in, any <br /> of the component parts of the Improvements or similar projects, <br /> (b) has not made any recommendation, given any advice or taken any <br /> other action with respect to (i) the choice of any supplier, vendor <br /> or designer of, or any other contractor with respect to, the <br /> Improvements or any component part thereof or any property or <br /> rights relating thereto, or (ii) any action taken or to be taken <br /> with respect to the Improvements or any component part thereof or <br /> any property or rights relating thereto at any stage of the <br /> construction thereof, (c) has not at any time had physical <br /> possession of the Improvements or any component part thereof or <br /> made any inspection thereof or any property or rights relating <br /> thereto, and (d) has not made any warranty or other representation, <br /> express or implied, that the Improvements or any component part <br /> thereof or any property or rights relating thereto (i) will not <br /> result in or cause injury or damage to persons or property, <br /> (ii) has been or will be properly designed or constructed or will <br /> accomplish the results which the Board of Education intends <br /> therefor, or (iii) is safe in any manner or respect. <br /> The County makes no express or implied warranty or <br /> representation of any kind whatsoever with respect to the <br /> Improvements or any component part thereof to the Board of <br /> Education or any other circumstance whatsoever with respect <br /> thereto, including but not limited to any warranty or <br /> BWNY/133962.2/15880/00013/1537 December 14, 1994 4 <br />
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