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non-payment of any such items, the interest of the County in the Leased Property will not be
<br />materially endangered and that the Leased Property will not be subject to loss or forfeiture. The
<br />County will cooperate fully in such contest on the request and at the expense of the Board of
<br />Education.
<br />Section 7.3 Modification of Leased Property. Liens.
<br />(a) Additions Modifications and Improvements.. The Board of Education shall, at its
<br />own expense, have the right to make, or cause to be made, additions, modifications and
<br />improvements to any portion of the Leased Property if such additions, modifications or
<br />improvements are necessary or beneficial for the use of such portion of the Leased Property. All
<br />such additions, modifications and improvements shall thereafter comprise part of the Leased
<br />Property and be subject to the provisions of this Lease. -Such additions, modifications and
<br />improvements shall not in any way damage any portion of the Leased Property or cause it to be
<br />used for purposes other than those authorized under the provisions of State and federal law.
<br />Except as provided in this Article and except as the County may consent thereto, which
<br />consent shall not be unreasonably withheld, the Board of Education shall not, directly or
<br />indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge,
<br />encumbrance or claim on or with respect to the Leased Property, other than the respective rights
<br />of the Board of Education and the County as herein provided. Except as provided in this Article,
<br />the Board of Education shall promptly, at its own expense, take such action as may be necessary
<br />to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for
<br />which it is responsible, if the same shall arise at any time; provided that the Board of Education
<br />may contest such liens, charges, encumbrances, or claims if it desires to do so. The Board of
<br />Education shall reimburse the County for any expense incurred by the County in order to
<br />discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
<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 />C-
<br />1_ .,, - _ 5
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