Orange County NC Website
(A) from the condition or use of the Mortgaged Property or the <br /> transactions contemplated by this Agreement; or <br /> (B) as a result of any warranty or representation made by the County in <br /> Section 6.02 being false or untrue in any material respect, or any requirement under <br /> any law or regulation which requires the elimination or removal of any hazardous <br /> materials, substances, wastes or other environmentally regulated substances by the <br /> Trustee, the County or any transferee or assignee of the County or the Trustee. <br /> The County has no obligation to indemnify any indemnified party for the gross <br /> negligence or intentional misconduct of the indemnified party or any of its employees <br /> or representatives. The County's obligation to provide indemnification under this <br /> Article continues even after the payment in full of all the County's obligations under <br /> this Agreement. The County's obligation extends to any Trustee even after the <br /> removal or resignation of that Trustee. The parties intend that the LGC is a third- <br /> party beneficiary of the County's obligations under this Article VII. <br /> ARTICLE VIII <br /> DISCLAIMER OF WARRANTIES <br /> The County acknowledges that the Trustee has not designed the Pledged <br /> Facilities, that the Trustee has not supplied any plans or specifications with respect <br /> thereto and that the Trustee <br /> (a) is not a manufacturer of, nor a dealer in, any of the component parts of <br /> the Financed Facilities or similar facilities, <br /> (b) has not made any recommendation, given any advice nor taken any <br /> other action with respect to (i) the choice of any supplier, vendor or designer of, or <br /> any other contractor with respect to, the Financed Facilities or any component part <br /> thereof or any property or rights relating thereto, or (ii) any action taken or to be <br /> taken with respect to the Financed Facilities or any component part thereof or any <br /> property or rights relating thereto at any stage of the construction thereof, <br /> (c) has not at any time had physical possession of the Financed Facilities, the <br /> sites on which those facilities are or will be established, or any component part <br /> 32 <br />