HomeMy WebLinkAboutC.054.93011_0447without 30 days prior written notice by certified mail to the Lender. Each contractor shall
purchase and maintain similar property insurance for portions of the work stored off the Site or
in transit when such portions of the work are to be included in an application for payment. Each
contractor shall be responsible for the payment of any deductible amounts associated with this
insurance.
Contractor's Workers' Compensation Insurance. Each contractor shall be required to procure
and maintain, at its own cost and expense, worker's compensation insurance during the term of
its engagement, covering its employees working thereunder. Such insurance, if issued by a
private carrier, shall contain a provision prohibiting cancellation or termination without 30 days'
prior notice by certified mail to the County and the Lender. A certificate evidencing such
coverage shall be provided to the County and the Lender or, if such insurance is provided by a
private carrier, a completed certificate of insurance, in form acceptable to the County and the
Lender, shall be provided to the County and the Lender with respect to each contractor engaged.
Filing with the Lender. The County shall cause copies of all performance bonds and insurance
contracts or approved certificates thereof to be delivered to the Lender in a timely manner and in
such form as to certify compliance with the provisions of the paragraphs referred to herein.
Disclaimers of the Lender. The County acknowledges and agrees that the designs for the
Project, if any, have not been made by the Lender, and the Lender has not supplied any plans or
specifications with respect thereto and that the Lender (a) is not a manufacturer of, nor a dealer
in, any of the component parts of the Project or similar projects; (b) has not made any
recommendation, given any advice nor 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 will accomplish the result which the County intends therefor, or (iii) is safe
in any manner or respect.
THE LENDER MAKES NO EXPRESS OR IMPLIED WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE PROJECT
OR ANY COMPONENT PART THEREOF TO THE COUNTY OR IN REGARD TO 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
OR QUALITY THEREOF; COMPLIANCE THEREOF WITH THE REQUIREMENTS OF
ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO; ANY
LATENT DEFECT; THE TITLE TO OR INTEREST OF THE LENDER THEREIN; THE
ABILITY THEREOF TO PERFORM ANY FUNCTION; THAT THE ADVANCE WILL BE
SUFFICIENT (TOGETHER WITH ANY OTHER AVAILABLE FUNDS OF THE COUNTY)
TO PAY THE COST OF IMPLEMENTING THE PROJECT; OR ANY OTHER
CHARACTERISTICS OF THE PROJECT, IT BEING AGREED THAT ALL RISKS
RELATING TO THE PROJECT, THE COMPLETION THEREOF OR THE TRANSACTIONS
CONTEMPLATED HEREBY ARE TO BE BORNE BY THE COUNTY, AND THE
BENEFITS OF ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF
THE LENDER ARE HEREBY WAIVED BY THE COUNTY. .
Installation of County's Personal Property. The County may at any time and from time to time,
in its sole discretion and at its own expense, install or permit to be installed other items of
equipment or other personal property in or upon any portion of the Project and all such items
shall be deemed to be a part of the Project. Such property may be modified or removed by the
County at any time, provided that the County shall repair and restore any and all damage to the
Project resulting from the installation, modification or removal of any such items.
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