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representation with respect to: the merchantability or the fitness <br /> or suitability thereof for any purpose; the design or condition <br /> thereof; the safety, workmanship, quality or capacity thereof; <br /> compliance thereof with the requirements of any law, rule, <br /> specification or contract pertaining thereto; any latent defect; <br /> the ability thereof to perform any function; that the funds <br /> advanced by the Lender pursuant to the Installment Purchase <br /> Contract will be sufficient (together with other available funds of <br /> the Board of Education) to pay the cost of acquiring, constructing <br /> and equipping the Improvements; or any other characteristic of the <br /> Improvements; it being agreed that all risks relating to the <br /> Improvements, the completion thereof or the transactions <br /> contemplated hereby or by the Installment Purchase Contract are to <br /> be borne by the Board of Education, and the benefits of any and all <br /> implied warranties and representations of the County are hereby <br /> waived by the Board of Education. <br /> Section 11. Amendments and Further Instruments. The County <br /> and the Board of Education may, from time to time, with the written <br /> consent of the Lender, which shall not be unreasonably withheld, <br /> execute and deliver such amendments to this Agreement and such <br /> further instruments as may be required or desired for carrying out <br /> the expressed intention of this Agreement. <br /> Section 12 . Agreement to Survive Termination of Installment <br /> • Purchase Contract. Notwithstanding anything to the contrary <br /> contained herein, the obligations undertaken by the Board of <br /> Education hereunder shall survive the termination of the <br /> Installment Purchase Contract. <br /> BWNY/133962.2/15880/00013/1537 December 14, 1994 5 <br />