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improvements to any portion of the Leased Property if such additions, modifications or
<br />improvements are necessary or beneficial for the use of such portion of the Leased Property. All
<br />such additions, modifications and improvements shall thereafter comprise part of the Leased
<br />Property and be subject to the provisions of this Lease. Such additions, modifications and
<br />improvements shall not in any way damage any portion of the Leased Property or cause it to be
<br />used for purposes other than those authorized under the provisions of State and Federal law.
<br />Except as provided in this Article and except as the County may consent thereto,
<br />which consent shall not be unreasonably withheld, the Board of Education shall not, directly or
<br />indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge,
<br />encumbrance or claim on or with respect to the Leased Property, other than the respective rights
<br />of the Board of Education and the County as herein provided. Except as provided in this Article,
<br />the Board of Education shall promptly, at its own expense, take such action as may be necessary
<br />to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for
<br />which it is responsible, if the same shall arise at any time; provided that the Board of Education
<br />may contest such liens, charges, encumbrances or claims if it desires to do so. The Board of
<br />Education shall reimburse the County for any expense incurred by the County in order to
<br />discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
<br />ARTICLE VIII
<br />DISCLAIMER OF WARRANTIES; OTHER COVENANTS
<br />8.1 Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR REPRESENTATION,
<br />EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITYORFITNESS FOR
<br />A PARTICULAR PURPOSE WITH RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. In no event
<br />shall the County be liable for any direct or indirect, incidental, special or consequential damage in
<br />connection with or arising out of this Lease or the existence, furnishing, functioning or use by any of them
<br />of any item, product or service provided herein.
<br />8.2 Further Assurances; Corrective Instruments. The Board of Education and the County
<br />agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed,
<br />acknowledged and delivered, such supplements hereto and such further instruments as may reasonably
<br />be required for correcting any inadequate or incorrect description of the Leased Property hereby leased
<br />or intended so to be, or for otherwise carrying out the intention hereof.
<br />8.3 Board of Education and County Representatives. Whenever under the provisions hereof
<br />the approval of the Board of Education or the County is required to take some action at the request of the
<br />other, unless otherwise provided, such approval or such request shall be given for the Board of Education
<br />by the Board of Education Representative and for the County by the County Representative, and the Board
<br />of Education and the County shall be authorized to act on such approval or request.
<br />8.4 Compliance With Requirements. During the Lease Term, the Board of Education and the
<br />Board of Education and the County shall observe and comply promptly with all current and future orders
<br />of all courts having jurisdiction over the Facilities or any portion thereof (or be diligently and in good faith
<br />contesting such orders), and all current and future requirements of all insurance companies' written
<br />policies covering the Facilities or any portion thereof.
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<br />63112517.5-(Marilyn McKinley)
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