BC 1995 01 17 - Laserfiche WebLink

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313 Agreement do exist, have happened and have been performed in regular and due time, form and a manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Agency Agreement; NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: SECTION I, Board to Act as Agent of the County, The County hereby irrevocably appoints the Board as its agent in connection with the construction of the Project. The Board, as the agent of the County for the foregoing purpose, shall cause the construction of the Project to be completed on or before the completion date set forth in the contract for construction of the Project and otherwise in accordance wtth anyappltcable requirements of governmental authorities and law. SECTION II, Project Description The Board shall have the right to make any changes in the description of the Project or of any component or components thereof; provided, however, that any such change shall not alter the public purpose of the Project. SECTION III, Board's Right to Enforce Contracts. The County hereby assigns to the Board all of its rights and powers, if any, under all purchase orders and contracts as it enters into with respect to the Project, and the Board shall have the right to enforce in its own name or the name of the County such purchase orders or contracts' provided, however, that the assignment by the County shall not prevent the County from asserting said rights and powers in its own behalf, if applicable. SECTION IV, Acceptance. The Board, for one dollar ($1.00) and other good and valuable consideration in hand received, does hereby accept the foregoing appointment as agent of the County for the purposes set forth in Section I hereof. SECTION V, Disclaimers of the County. The Board acknowledges and agrees that the design of the Project has not been made by the County, that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the component parts of the Project or similar projects, (b) has not made any recommendation, given any advice or taken any other action with respect to (i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the Project or any component thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Project thereto at any stage of the construction thereof, (c) has not at any time had physical possession of the Project or any component part thereof or made any inspection thereof or any property or rights relating thereto, and (d) has not made any warranty or other representation, express or implied, that the Project or any component part thereof or any property or rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has been or will be properly designed or constructed or will accomplish the results which the Board intends therefor, or (iii) is safe in any manner or respect. The County makes no express or implied warranty or representation of any kind'whatsoever with respect to the Project or any component part thereof to the. Board or any other circumstance whatsoever with respect thereto, including but not limited to any warranty or representation with respect to: the merchantability or the fitness or suitability thereof for any purpose; the design or condition thereof; the safety, workmanship, quality or capacity thereof; compliance thereof with the requirements of any law, rule specification or contract pertaining thereto; any latent defect; the ability thereof to perform any function; that the funds advanced by Rowan County pursuant to the Board referendum will be sufficient (together with other available funds of the Board) to pay the cost of constructing the Project; or any other characteristic of the Project, it being agreed that all risks relating to the Project,.the completion thereof or the transactions contemplated hereby or