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<br /> <br />' ARTICLE VIII <br />' DISCLAIMER OF WARRANTIES; OTHER COVENANTS <br />9.1 Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR <br />' REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN <br />CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH <br />RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. In no event shall the <br />' County be liable for any direct or indirect, incidental, special or consequential damage in <br />connection with or arising out of this Lease or the existence, furnishing, functioning or use by <br />any of them of any, item, product or service provided for herein. <br />' 9.2 Further Assurances: Corrective Instruments. The Board of Education and the <br />County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be <br />executed, acknowledged and delivered, such supplements hereto and such further instruments as <br />' may reasonably be required for correcting any inadequate or incorrect description of the Leased <br />Property hereby leased or intended so to be, or for otherwise carrying out the intention hereof <br />' 9.3 Board of Education and Count~Representatives. Whenever under the provisions <br />hereof the approval of the Board of Education or the County is required to take some action at <br />the request of the other unless otherwise provided, such approval or such request shall be given <br />' for the Board of Education by the Board of Education Representative and for the County by the <br />County Representative, and the Board of Education and the County shall be authorized to act on <br />any such approval or request. <br /> <br /> <br /> <br />C~ <br />i <br /> <br /> <br /> <br />9.4 Compliance with Requirements. During the Lease Term, the Board of Education <br />and the County shall observe and comply promptly with all current and future orders of all courts <br />having jurisdiction over the Facilities or any portion thereof (or be diligently and in good faith <br />contesting, such orders), and all current and future requirements of all insurance companies' <br />written policies covering the Facilities or any portion thereof. <br />ARTICLE IX <br />TITLE TO LEASED PROPERTY <br />LIMITATIONS ON ENCUMBRANCES <br />10.1 Title to Leased Property. Except for personal property purchased by the Board <br />of Education at its own expense, title to the Leased Property and any and all additions and <br />modifications, to or replacements of any portion of the Leased Property shall be held in the <br />County's name, subject only to Permitted Encumbrances, until foreclosed upon or conveyed as <br />provided in the Lease notwithstanding (a) the occurrence of any event of damage, destruction, <br />condemnation or construction or title defect; or (b) the violation by the County of any provision <br />of this Lease. <br />Page 6 of 12 <br />i <br />F-7 <br />Attachment number 3 <br />Page 93 of 320 <br />