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AG 2003 07 21
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AG 2003 07 21
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Last modified
3/3/2006 9:37:57 AM
Creation date
11/27/2017 11:41:27 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/21/2003
Board
Board of Commissioners
Meeting Type
Regular
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of the Project and the operation, maintenance and insuring of the Facilities and the Sites <br />(as defined in the Installment Agreement). <br /> Section VI. Compliance with Requisition Procedure. <br /> <br /> The Board agrees that it will comply with the requisition procedure for the <br />payment of Project Costs (both as defined in the Installment Agreement and the Trust <br />Agreement) as provided in the Trust Agreement and that it will provide a copy of each <br />requisition to the County's Director of Finance. <br /> <br />Section VII. Acceptance. <br /> <br /> The Board, for one dollar ($1.00) and other good and valuable consideration in <br />hand received, does hereby accept the foregoing appointment as agent of the County for <br />the purposes set forth in Section I hereof. <br /> <br />Section VIII. Disclaimers of the County. <br /> <br /> The Board acknowledges and agrees that the design of the Project has not been <br />made by the County, that the County has not supplied any plans or specifications with <br />respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the <br />component parts of the Project or similar projects, (b) has not made any recommendation, <br />given any advice or taken any other action with respect to the choice of any supplier or <br />vendor with respect to the Project; and (c) has not made any warranty or other <br />representation, express or implied, that the Project or any component part thereof or any <br />property or rights relating thereto (i) will not result in or cause injury or damage to <br />persons or property, (ii) has been or will be properly designed or constructed or will <br />accomplish the results which the Board intends therefor, or (iii) is safe in any manner or <br />respect. <br /> <br /> The County makes no express or implied warranty or representation of any kind <br />whatsoever with respect to the Project or any component part thereof to the Board or any <br />other circumstance whatsoever with respect thereto, including but not limited to, any <br />warranty or representation with respect to: (a) the merchantability or the fitness or <br />suitability thereof for any purpose; (b) the design or condition thereof; (c) the safety, <br />workmanship, quality or capacity thereof; (d) compliance thereof with the requirements <br />of any law, rule specification or contract pertaining thereto; (e) any latent defect; (f) the <br />ability thereof to perform any function; (g) that the funds advanced pursuant to the <br />Installment Agreement will be sufficient (together with other available funds of the <br />Board) to pay the cost of constructing the Project; (h) or any other characteristic of the <br />Project; it being agreed that all risks relating to the Project, the completion thereof or the <br />transactions contemplated hereby or by the Installment Agreement are to be borne by the <br />Board, and the benefits of any and all implied warranties and representations of the <br />County are hereby waived by the Board. <br /> <br /> <br />
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