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ARTICLE VIII <br />INDEMNIFICATION <br />To the extent permitted by lati~r, the County agrees to indermufy, protect and <br />save (a) the Company and its officers and directors, (b} the LGC and its members <br />and employees, and (c) the Trustee and its officers and employees, harmless from <br />all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs <br />and expenses, including attorneys' fees, arising aut of, connected urith, or resulting <br />directly or indirectly from the Project Sites or the Financed Facilities or the <br />transactions contemplated by this Contract. The indemnification arising under this <br />Article ~~rill survive the Contract's termination. <br />ARTICLE IX <br />DISCLAIMER OF WARRANTIES <br />The County acknowledges that neither the Company nor the Trustee has <br />designed the Financed Facilities, that neither the Company nor the Trustee has <br />supplied any plans or specifications uTith respect thereto and that neither the <br />Company nar the Trustee {a) is a marnifactt~rer of, nor a dealer in, any of the <br />component parts of the Financed Facilities or similar Financed Facilities, (b} has <br />made any recommendation, given any advice nor taken an}r other action with <br />respect to (1) the choice of any supplier, vendor or designer of, or any other <br />contractor with respect to, the Financed Facilities or any component part thereof or <br />any property or rights relating thereto, or (2) any action taken or to be taken with <br />respect to the Financed Facilities or any component part thereof or any property or <br />rights relating thereto at any stage of the construction thereof, {c) has at any time <br />had physical possession of the Financed Facilities or any component part thereof or <br />made any inspection thereof or an}r property or rights relating thereto, and (d} has <br />made any warranty or other representation, express or implied, that the Financed <br />Facilities or any component part thereof or any property or rights relating thereto <br />(1) ~vill not result in or cause injury or damage to persons or propert}r, {2} has been <br />or ~jill be properly designed, or will accomplish the results which the County <br />intends therefor, or {3) is safe in any manner or respect. <br />THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY OR <br />REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO <br />THE FINANCED FACILITIES OR ANY COMPONENT PART THEREOF, <br />INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR <br />REPRESENTATION WITH RESPECT TO THE MERCHANTABILITY OR <br />THE FITNESS OR SUITABILITY THEREOF FOR ANY PURPOSE, and further <br />93361v2 20 <br />