Agenda - 03-02-2006-8bAA - Laserfiche WebLink

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In particular, but without limitation, the School Board ti~rill have the right reserved to the County in [Section 3.1 ] of the Financing Contract to approve changes to the Plans and Specifications and the Construction Contracts, subject to the limitations set out in such Section {relating to a requirement to establish funding sources before approving changes that increase casts}. The County and its representatives and agents will have the right to enter upon the Sites and inspect the Improvements from time to time during construction and after the completion of construction, and the School Board will cause any vendor, contractor or sub-contractor to cooperate with the County and its representatives and agents during such inspections. No right of inspection or appro~Tal granted in this Section ~~jill be deemed to impose upon the County any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by the County will be deemed to impose upon the County any duty or obligation whatsoever to identify or correct any defects i11 the Improvements or to notify any person with respect thereto, and no liability will be imposed upon the County, and the County makes no uTarranties {either express or implied) as to the quality or fitness of any improvement, any such inspection and approval beiizg made solely for the County's benefit. 5. SCHOOL BOARD'S RIGHT TO ENFORCE CONTRACTS. For so long as the School Board is not in default of any of the provisions of this Agency Agreement and the Lease, the School Board has the right to enforce in its own name or in the County's name purchase orders or contracts entered in the County's name or the School Board's name for the Project; provided, however, that if the School Board is in default of any provision of this Agency Agreement or the Lease far a period of tlurty days after being notified by the County of such default without cure, the County has the right to terminate this Agency Agreement and assLUne all the School Board's responsibilities far the Project. In the event of such a termination of this Agency Agreement, the School Board will assign to the County any and all right, title and interest to any and all contracts relating to the Project, including but not limited to any architect agreement(s), any and all engineering agreements, any and all construction agreements, and any and all plans, specifications and other drawings or documents prepared or to be prepared for the Project. The School Board agrees to reimburse the County for any and all costs, expenses, and damages incurred by the County in the assumption of the rights and responsibilities of the School Board due to such event of default without cure, and to indemnify and hold the County harmless for 9386'v2