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' The County and the Board agree that all amounts received by either of them as refunds of State of North Carolina sales tax with respect to expenditures made in connection with the Project will be deposited as funds available for the acquisition and construction of the Project. To the extent permitted by law, the Board shall indemnify and save the County harmless against and from all claims by or on behalf of any person, firm, corporation or other legal entity arising from the construction and other accomplishment of the Project; but the Board is not obligated to pay any obligation of the County under any financing arrangement obtained by the County for the Project or to indemnify any party to any such financing arrangement for any third-party claims asserted by or against any such party relating to the payment of such obligation of the County. The Board shall be notified promptly by the County of any action or proceeding brought in connection with any such claims arising from the construction and other accomplishment of the Project. Section II. Project Description. The Board shall have the right to make any changes in the description of the Project or of any component or components thereof. Section III. Board's Right to Enforce Contracts. The County hereby assigns to the Board as the County's agent for the purposes of this Agreement all of its rights and powers under all purchase orders and contracts it has entered into with respect to the Project, and the Board shall have the right to enforce in its own name or the name of the County such purchase orders or contracts; provided, however, that the assignment by the County shall not prevent the County from asserting said rights and powers in its own behalf. Section IV. Construction Conferences. The Board hereby agrees that it will provide to the County Manager timely notice of all conferences with representatives of the architects, contractors. and vendors with respect to the Project and that the County Manager or his designee shall have the right to attend all such conferences. Section V. Acceptance. The Board, for one dollar ($1.00) and other good and valuable consideration in hand received, does hereby accept the foregoing appointment as agent of the County for the purposes set forth in Section I hereof. Section VI. Disclaimers of the County. The Board acknowledges and agrees that the design of the Project has not been made by the County, that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the component parts of the Project or similar projects, (b) has not made any recommendation, given any advice or taken any other action with respect to the choice of any supplier or vendor with respect to the Project; and (c) has not made any warranty or, other representation, express or implied, that the Project or any 2 WCSR 4071653x1 F-10 Attachment number 4 Page 151 of 320