Laserfiche WebLink
01/11/1596 10:51 704-788-8058 HARTSELL,SPAINHOUR,S PAGE 84 <br /> <br />SECTION VII!. DiSClalmers of t.b.~ Coun.~l~. <br /> <br /> The Board acknowledges and agrees that the design of the <br />Project has not been made by the County, that the County has not <br />supplied any plans or specifications with respect thereto and that <br />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 <br />made any reco~,endation, given any advice or taken any other action <br />with respect to (i) the choice of any supplier, vendor or designer <br />of, or any other contractor with respect to, the Project or any <br />component thereof or any property or rights relating thereto, or <br />(ii) any action taken or to be taken with respect to the Project <br />thereto at any sta~e of the construction thereof, (c) has not at <br />any time had physical possession of the Project or any component <br />part thereof or made any inspection thereof or any property or <br />rights relating thereto, and (d) has not made any warranty or other <br />representation, express or implied, that the Project or any <br />component part thereof or any property or rights relating thereto <br />(i) will not resul~ in or cause injury or damage to persons or <br />property, (ii) has been or will be properly designed or constructed <br />or will accomplish the results which the Board intends therefor, or <br />(iii) is safe in any manner or respect. <br /> <br /> The County makes no express or implied warranty or <br />representation of any kind whatsoever with respect to the Project <br />or any component part thereof to the Board or any other <br />circumstance whatsoever with respect thereto, including but not <br />limited to any warranty or representation with respect to: the <br />merchantability or the fitness or suitability thereof for any <br />purpose; ~he design or condition thereof; the safety, workmanship, <br />quality or capacity thereof; compliance thereof with the <br />requirements of any law, rule specification or contract pertaining <br />thereto; any latent defect; the ability thereof to perform any <br />function; that the funds advanced by the Bank pursuant ~o the <br />Installment Agreement will be sufficient (together wi~h other <br />available funds of the Board) to pay the cost o~ constructing the <br />Project; or any other characteristic of the Project; it being <br />agreed that all risks relatin~ to the Project, the completion <br />thereof or the transactions contemplated hereby or by the <br />Installment Agreement are to be borne by the Board, and the <br />benefits of any and all implied warranties and representations of <br />the County are hereby waived by the Board. <br /> <br /> ~T.~. A~reement to Survive Tex-min~.~ion of InStallment <br />A=reement. <br /> <br /> Notwithstanding anything to the contrary contained herein, the <br />obligations undertaken by the Board hereunder shall survive the <br />termination of the Installment Agreement. <br /> <br />-3- <br /> <br /> <br />