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AG 1999 06 21
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AG 1999 06 21
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Last modified
3/25/2002 6:00:16 PM
Creation date
11/27/2017 11:49:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/21/1999
Board
Board of Commissioners
Meeting Type
Regular
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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 (i) the choice of any supplier, <br />vendor or designer of, or any other contractor with respect to, the Project or any <br />component thereof or any property or rights relating thereto, or (ii) any action taken or to <br />be taken with respect to the Project thereto at any stage of the construction thereof, (c) <br />has not at any time had physical possession of the Project or any component part thereof <br />or made any inspection thereof or any property or rights relating thereto, and (d) has not <br />made any warranty or other representation, express or implied, that the Project or any <br />component part thereof or any property or rights relating thereto (i) will not result in or <br />cause inju~ or damage to persons or property, (ii) has been or will be properly designed <br />or constructed or will accomplish the results which the Board intends therefor, or (iii) is <br />safe in any manner or 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: the merchantability or the fitness or suitability <br />thereof for any purpose; the design or condition thereof; the safety, workmanship, quality <br />or capacity thereof; compliance thereof with the requirements of any law, rule <br />specification or contract pertaining thereto; any latent defect; the ability thereof to <br />perform any function; that the funds advanced by the Bank pursuant to the Installment <br />Agreement will be sufficient (together with other available funds of the Board) to pay the <br />cost of constructing the Project; or any other characteristic of the Project; it being agreed <br />that all risks relating to the Project, the completion thereof or the transactions <br />contemplated hereby or by the Installment Agreement are to borne by the Board, and the <br />benefits of any and all implied warranties and representations of the County are hereby <br />waived by the Board. <br /> <br />Section IX. Agreement to Survive Termination of Installment Agreement. <br /> <br /> Notwithstanding anything to the contrary contained herein, the <br />undertaken by the Board hereunder shall survive the termination of the <br />Agreement. <br /> <br />obligations <br />Installment <br /> <br /> <br />
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