BC 1993 04 26 - Laserfiche WebLink

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267 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 with the consent of the County; provided, however, that any such change shall not alter the public purpose of the Project and that any increase in the cost of the Project resulting from such a change shall, to the extent the increased cost exceeds the total balance in the Escrow Fund (as defined in the Installment Agreement and the Escrow Agreement), including any estimated investment income thereon, be payable solely from other funds of the Board, which shall be transferred to the Trustee for deposit to the credit of the Escrow Fund prior to the approval of any such changes to the Project. SECTION III. Board's Right to Enforce Contracts. The County hereby assigns to the Board all of its rights and powers 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. SECTION IV. Construction Conferences. The Board hereby agrees that it will provide to the County Manager timely notice of all conferences with representatives of the architects, contractors and vendors with respect to the Project and that the County Manager or his designee shall have the right to attend all such conferences. SECTION V. Compliance with Trust Agreement and Installment Agreement. The Board agrees that it will faithfully discharge all duties imposed on the County by the Escrow Agreement and the Installment Agreement with respect to the construction of the Project and the operation, maintenance and insuring of the Facility and the Real Property (as defined in the Installment Agreement). SECTION VI. Compliance with Requisition Procedure. The Board agrees that it will comply with the requisition procedure for the payment of Project Costs (both as defined in the Installment Agreement and the Escrow Agreement) as provided in the Escrow Agreement and that it will provide a copy of each requisition to the County's Director of Finance. SECTION VII. 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 VIII. 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 part thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Project or any component part thereof or any property or rights relating 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 the Bank pursuant to the Installment Agreement 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