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1 component part thereof or any property or rights relating thereto (i) will not result in or cause injury, or damage to persons or property, (ii) has been or will be properly designed or constructed or will accomplish the results which the Board intends therefore, or (iii) is safe in any manner or respect. The County makes no express or implied warranty or representation of any kind whatsoever with respect to the Project or any component part thereof to the Board or any other circumstance whatsoever with respect thereto, including, but not limited to, any suitability thereof for any purpose; (b) the design or condition thereof; (c) the safety, workmanship, quality or capacity thereof (d) compliance thereof with the requirements of any law, rule specification or contract pertaining thereto; (e) any latent defect; (f) the ability thereof to perform any function; (g) that the funds advanced pursuant to the Installment Agreement will be sufficient (together with other available funds of the Board) to pay the cost of constructing the Project; (h) or any other characteristic of the Project; it being agreed that all risks relating to the Project, the completion thereof or the transactions contemplated hereby or by the Installment Agreement are to be borne by the Board, and the benefits of any and all implied warranties and representations of the County are hereby waived by the Board. IN WITNESS WHEREOF, the parties hereto have executed and attested this Agency Agreement (Amended and Restated) by their officers thereunto duly authorized as of the day and year first written above. CABARRUS COUNTY BOARD OF EDUCATION ATTEST: By: Chair, Board of Education Secretary (SEAL) This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Director i 7 r i] 0 ~~ r WCSR 4071653x1 F-10 u Attachment number 4 Page 152 of 320 ,