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<br /> <br /> <br />requires otherwise: <br />"Event of Default" means one or more events of default as defined in Section 11.1. <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br />i <br /> <br /> <br /> <br /> <br /> <br />t <br /> <br /> <br />"Lease" means this Lease (Amended and Restated), as it may be duly amended. <br />"Lease Term" means the term of this Lease as determined pursuant to Article IV. <br />"Lease Year" means, initially, from the Effective Date of this Lease through December <br />31, 2008, and thereafter, means the twelve-month period of each year commencing on January 1 <br />and ending on the next December 31. <br />"Board of Education Representative" means any of the person or persons at the time <br />designated, by a written certificate furnished to the County and signed on the Board of <br />Education's behalf by its Chairman, to act on the Board of Education's behalf for the purpose of <br />performing any act under this Lease. <br />All references to articles or sections are references to articles or sections of this Lease, <br />unless the context clearly indicates otherwise. <br />ARTICLE II <br />REPRESENTATIONS, COVENANTS AND WARRANTIES <br />The County and the Board of Education each represent, covenant and warrant for the <br />other's benefit as follows: <br />(1) Neither the execution and delivery of this Lease nor the fulfillment of or <br />compliance with its terms and conditions nor the consummation of the transactions contemplated <br />hereby, results in a breach of the terms, conditions and provisions of any agreement or <br />instrument to which either is now a party or by which either is bound, or constitutes a default <br />under any of the foregoing. <br />(2) To the knowledge of each party, there is no litigation or proceeding pending or <br />threatened against such party (or against any other person) affecting the rights of such party to <br />execute or deliver this Lease or to comply with its obligations, under this Lease. Neither the <br />execution and delivery of this Lease by such party nor compliance by such party with its <br />obligations under this Lease, requires the approval of any regulatory body or any other entity, the <br />approval of which has not been obtained. <br />ARTICLE III <br />DENIISING CLAUSE <br />The County hereby leases the Facilities and the Site (the "Leased Property") to the <br />Board of Education, and the Board of Education hereby leases the Leased Property from the <br />2 <br />WCSR 4071622v1 <br />Attachment number 3 <br />F-10 Page 139 of 320 <br />