Agenda - 12-01-2008 - 3c - Laserfiche WebLink

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47 miscalculations, or omissions of which the University has knowledge, in any of the reports it has prepared or furnished to the County. 91. The County represents and warrants that it has legal authority and right to make and enter into the Agreement. C. (Disclaimer of ~'6Taa-ranties 92. Except as specifically set forth in Subyart B of this Article III, the University accepts the condition of the Landfill, any real property subject to an easement or right-of--way granted by the County, and the Landfill Gas "AS IS~IEI~ IS, WITH ALL FAULTS," and ,~x~~~ the University acknowledges that the County ~ ~ t made ~ d does not hereby make, and F~ L=^:~3 s ecificall disclaims an re resentations ante s ~~~mises covenants a eements or p Y ~ Y p ~ ~' p gr "'~~r ~z warranties of any kind or nature whatsoever whether past, pent or future, oral or written, expressed or implied, concerning the condition or quality of tl`r'L dfill, any real property subject to an easement fitness for any 93. The University =way granted by the County, or the Landfill Gas and their business or activity contemplated, intended or ongoing. ~` ~~ LIABILITY ~~ u~ ,~~~ shall ; ~:e solely responsible for the installation, construction, operation, maintenance, and repair of the LFG Project. It shall also be responsible, with respect to the LFG Project, for (a) the installing, constructing, operating, maintaining, and repairing the LFG Project in compliance with all LFG Project Permits and applicable Laws; (b) responding to any notices of violation or compliance inquiries; (c) defending any enforcement actions; (d) resolving any claims; and (e) paying any associated penalties. The University shall also be responsible for damages and claims caused by the University's own negligence or that of its • agents or employees. 24 {00018638.DOC 16}