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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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PARTICULAR USE OF THE LEASED PROPERTY OR ANY PART <br />THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH <br />RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. In no <br />event ujill the County be liable for any direct or indirect, incidental, special or <br />consequential damage in connection with or arising out of this Lease or the <br />existence, fiinushing, functioiung or use by any of them of any item, product or <br />service provided for herein. <br />The School Board acknowledges that the County has not designed the <br />Middle School or any other improvements on the Site (together, the <br />"Improvements"), that the County has not supplied any plans or specifications with <br />respect thereto and that the County (a} is not a manufacturer of, nor a dealer in, any <br />of the component parts of the Improvements or similar facilities, (b) has not made <br />any recommendation, given any advice nor taken any other action with respect to <br />(1) the choice of any supplier, vendor or designer of, or any other contractor with <br />respect to, the Improvements or any component part thereof or any property or <br />rights relating thereto, or (2) any action taken ar to be taken with respect to the <br />Improvements or any component part thereof or any property or rights relating <br />thereto at any stage of the construction thereof, (c) has not at any time had physical <br />possession of the Improvements or any component part thereof or made any <br />inspection thereof or any property or rights relating thereto, and (d) has not made <br />any ujarranty or other representation, express or implied, that the Improvements or <br />any component part thereof or any property or rights relating thereto (1) uTill not <br />result in or cause injLU-y or damage to persons or property, (2) have been or will be <br />properly designed, or will accomplish the results which the School Board intends <br />therefor, or (3) are safe in any manner or respect. <br />8.2. Further Assurances; Corrective Instruments. The School Board <br />and the County agree that they will, from time to time, execute, acknowledge and <br />deliver, or cause to be executed, acknowledged and delivered, such supplements <br />hereto and such further instruments as may reasonably be required for correcting any <br />inadequate or incorrect description of the Leased Propert~J hereby leased, or intended <br />so to be, or for otherwise carrying out the intention of this Lease. <br />8.3. Covenant Against Financing Contract Defaults. The School Board <br />covenants not to take or omit to take any action the taking ar omission of which <br />would cause the County to be in default, technical or otherwise, under the Financing <br />Contract.. In particular, the School Board covenants not to make any use of the <br />Middle School that ujould cause the County's obligations to make Installment <br />
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