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Agenda - 11-18-2008 - 4h
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Agenda - 11-18-2008 - 4h
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11/17/2008 10:39:29 AM
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11/17/2008 10:39:27 AM
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BOCC
Date
11/18/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4h
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Minutes - 20081118
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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9 <br />opinion of Lessor, shall be damaged beyond repair, this Lease Agreement, <br />at the exclusive option of Lessor, may be terminated, provided, however, <br />that all applicable charges have been paid to that date and any further <br />amounts due Lessor hereunder have been paid in full. Lessor shall not be <br />obligated to provide substitute Property during said thirty (30) day period. <br />11. ADDITIONAL EMISSION CONTROL OR SAFETY DEVICES. The parties <br />recognize that federal and state laws and regulations from time to time may <br />require the addition or installation of emission controls, safety devices, or <br />other equipment on the Property. In such event, Lessor shall cause such <br />addition or installation to be made at the cost and expense of Customer <br />and the Fixed Charge, if any, set forth in Schedule A shall be adjusted to <br />reflect the cost of maintenance and service of such devices, if required, <br />during the remaining term of the Lease Agreement. <br />12. WARRANTY. THERE ARE NO WARRANTIES OR REPRESENTA- <br />TIONS, EXPRESS OR IMPLIED, AS TO THE PROPERTY, EXCEPT, AS <br />TO NEW VEHICLES ONLY, THE MANUFACTURER'S STANDARD <br />VEHICLE WARRANTY, WHICH IS INCORPORATED HEREIN BY <br />REFERENCE. A COPYOF SAID WARRANTY HAS BEEN FURNISHED <br />TO CUSTOMER AND RECEIPT THEREOF IS HEREBY <br />ACKNOWLEDGED. All USED VEHICLES ARE LEASED "AS IS". <br />LESSOR EXPRESSLY WARRANTS ALL MAINTENANCE AND REPAIR <br />SERVICES PERFORMED BY LESSOR ON THE PROPERTY TO BE <br />FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP IN <br />NORMAL USE AND SERVICE DURING THE TERM OF THE LEASE <br />AGREEMENT, LESSOR'S OBLIGATION HEREUNDER BEING LIMITED <br />TO REPAIR OR REPLACEMENT, AT ITS OPTION. THIS WARRANTY <br />SHALL NOT APPLY IF THE PROPERTY HAS BEEN SUBJECT TO <br />MISUSE, ABUSE, NEGLIGENCE, OR ACCIDENT, OR ALTERED OR <br />REPAIRED BY ANY THIRD PERSON OTHER THAN LESSOR IN ANY <br />WAY, WHICH IN LESSOR'S JUDGEMENT MAY AFFECT ITS <br />OPERATION OR DURABILITY. <br />THE FOREGOING WARRANTIES ARE MADE EXPRESSLY IN LIEU OF <br />ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY <br />IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, OR AGAINST INTERFERENCE OR <br />INFRINGEMENT, AND ANY OTHER LIABILITY OR OBLIGATION ON <br />THE PART OF MANUFACTURER OR LESSOR, INCLUDING, WITHOUT <br />LIMITATION OF THE FOREGOING, CONSEQUENTIAL AND <br />INCIDENTAL DAMAGES. <br />
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