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Agenda - 03-02-2006-8bLC
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Agenda - 03-02-2006-8bLC
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Last modified
9/2/2008 1:42:23 AM
Creation date
8/29/2008 9:12:04 AM
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BOCC
Date
3/2/2006
Document Type
Agenda
Agenda Item
8bLC
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Minutes - 20060302
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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prepayment of the County's obligations under the Financing Contract. <br />7.2. Transfer of Rights. In order to allow the School Board to carry out its <br />obligations under Section 7.1, the County transfers its rights under [Section 4.7] of <br />the Financing Contract (regarding maintenance, repairs and additions of and to the <br />Leased Property). Nothing in this Section, however, may be construed as in any way <br />assigning or delegating to the School Board any of the County's rights or <br />responsibilities to make decisions regarding the School Board's capital and operating <br />budgets. <br />7.3. Countv's Cooperation. (a) The County will cooperate fu11yT ~~Tith <br />the School Board in filing any proof of loss or taking any other action under this <br />Lease. Except as and to the extent provided in subsection (b), in no event will the <br />County or the School Board vohintarily settle, or consent to the settlement of, any <br />proceedi~ig arising out of any insurance claim with respect to the Leased Property <br />without the other's ti~~-ritten consent. <br />(b) In the case of a proceeding as to which amounts are to be paid out by <br />the County or the School Board, either party may settle or consent to settlement <br />without the other's consent if the amount of the settlement (i) is less than $10,000 or <br />(ii) is to be paid entirely by insurance providers or other third parties. <br />7.4. Advances; Performance of Obligations. If the School Board fails to <br />pay any amount required to be paid by it under this Lease, or fails to take any other <br />action required of it under this Lease, the County may {but is under no obligation to) <br />pay such amounts or perform such other obligations. The School Board agrees to <br />reimburse the County for any such payments or for its costs incLUred in connection <br />with performing such other obligations, together ~~Tith interest thereon at the annual <br />rate of 8.00%. <br />ARTICLE VIII <br />DISCLAIMER OF WARRANTIES; OTHER COVENANTS <br />8.1. Disclaimer of Warranties. THE COUNTY MAKES NO <br />WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, <br />AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR <br />FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A <br />~3s6s~ <br />
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