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AG 2002 09 16 (Regular)
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AG 2002 09 16 (Regular)
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Last modified
3/2/2006 5:01:44 PM
Creation date
11/27/2017 11:44:08 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/16/2002
Board
Board of Commissioners
Meeting Type
Regular
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8.3 Board of Education's General Covenant. The Board of Education further <br />undertakes not to take or omit to take any action the taking or omission of which would <br />cause the County to be in default, technical or otherwise, under the Financial Contract. In <br />particular, the Board of Education covenants not to make any use of the Lease Property <br />that would cause the County" obligations to make Installment Payments under the <br />Financial Contract to be "private activity bonds'~ within the meaning of the Code. If the <br />Board of Education shall take or omit to take any such action, then the Board of <br />Education shall proceed with all due diligence to take such actions as may be necessary <br />to cure such default. <br /> <br /> 8.4 County's Cooperation. The County shall cooperate fully with the Board <br />of Education in filing any proof of loss or taking any other action under this Lease. In no <br />event shall the County or the Board of Education voluntarily settle or consent to the <br />settlement of, any proceeding arising out of any insurance claim with respect to the <br />Facilities without the other's written consent. <br /> <br /> 8.5 Advances; Performance of Obligations. If the Board of Education shall <br />fail to pay any amount required to be paid by it under this Lease, or fails to take any other <br />action required of it under this Lease, the County may (but shall be under no obligation <br />to) pay such amounts or perform such other obligations. The Board of Education agrees <br />to reimburse the County for any such payments or for its costs incurred in connection <br />with performing such other obligations, together with interest thereon at the annual rate <br />of 6.5%. <br /> <br />ARTICLE IX <br /> <br />DISCLAIMER OF WARRANTIES; OTHER COVENANTS <br /> <br /> 9.1 Disclaimer of Warranties.' THE COUNTY MAKES NO WARRANTY <br />OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, <br />DESIGN CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE OR FITNESS FOR A PARTICULAR USE OF THE LEASED PROPERTY <br />O ~-.~.R-T T-~ O ~~A~ON~~~ <br />WITH RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. In no <br />event shall the County be liable for any direct or indirect, incidental, special or <br />consequential damage in connection with or arising out of this Lease or the existence, <br />furnishing, functioning or use by any of them of any item, product or service provided for <br />herein. <br /> <br /> 9.2 Further Assurances; Corrective Instruments. The Board of Education <br />and the County agree that they will, from time to time, execute, acknowledge and deliver, <br />or cause to be executed, acknowledged and delivered, such supplements hereto and such <br /> <br /> <br />
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