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DRAFT <br />13 <br />encumbrance to remain against the Premises for labor or materials furnished in connection with <br />any additions, modifications, improvements, repairs, renewals or replacements so made by it; <br />provided, that if Orange Enterprises shall first notify the County of its intention so to do, Orange <br />Enterprises may in good faith contest any mechanics' or other liens filed or established against <br />the Premises, and in such event may permit the item so contested to remain undischarged and <br />unsatisfied during the period of such contest and any appeal therefrom unless the County shall <br />notify Orange Enterprises that, in the opinion of independent counsel, by nonpayment of any <br />such items, title to the Premises will be materially endangered or the Premises or any part thereof <br />will be subject to loss or forfeiture, in which event Orange Enterprises shall promptly pay and <br />cause to be satisfied and discharge all such unpaid items. <br />Orange Enterprises releases the County from and covenants and agrees that the <br />County shall not be liable for, and to indemnify and hold the County harmless against, any loss <br />or damage to property or any injury to or death of any person occurring on or about or resulting <br />from any defect in the Premises or improvements located on the premises provided, that this <br />indemnity shall not be effective for damages that result from negligence or intentional acts on the <br />pazt of the County.. To this end, Orange Enterprises will provide for and insure not only its own <br />liability in respect of these matters but also the liability herein assumed. <br />8 The following shall be "events of default" under this Agreement and the terms <br />"event of default" or "default" shall mean, whenever they are used in this Agreement, any one or <br />more of the following events: <br />(i) Failure by Orange Enterprises to observe and perform any covenant, <br />condition or agreement on its part to be observed or performed which failure continues for a <br />period of ninety (90) days after written notice, specifying such failure and requesting that it be <br />