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Cont. (part 2)
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Cont. (part 2)
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ARTICLE VIII <br /> DISCLAIMER OF WARRANTIES; <br /> VENDOR'S WARRANTIES; USE OF THE LEASED PROPERTY <br /> SECTION 8.01. Disclaimer of Warranties. THE AUTHORITY MAKES NO <br /> AGREEMENT, WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, <br /> AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR <br /> PARTICULAR PURPOSE OR FITNESS FOR USE OF THE LEASED PROPERTY, OR <br /> WARRANTY WITH RESPECT THERETO. THE CITY ACKNOWLEDGES THAT THE <br /> Authority IS NOT A MANUFACTURER OF ANY PORTION OF THE LEASED PROPERTY <br /> OR A DEALER THEREIN, THAT THE CITY LEASES THE LEASED PROPERTY AS-IS, <br /> IT BEING AGREED THAT ALL OF THE AFOREMENTIONED RISKS ARE TO BE BORNE <br /> BY THE CITY. In no event shall the Authority be liable for any incidental, indirect, special <br /> or consequential damage in connection with or arising out of the Lease or the existence, <br /> furnishing, functioning or the City's use of the Leased Property as provided hereby. <br /> SECTION 8.02. Vendor's Warranties. The Authority hereby irrevocably <br /> appoints the City its agent and attorney-in-fact during the term of this Lease, so long as the City <br /> shall not be in default hereunder, to assert from time to time whatever claims and rights, <br /> including warranties of the Leased Property, which the Authority may have against the <br /> manufacturers, vendors and contractors of the Leased Property. The City's sole remedy for the <br /> breach of such warranty, indemnification or representation shall be against the manufacturer or <br /> vendor or contractor of the Leased Property, and not against the Authority, nor shall such matter <br /> have any effect whatsoever on the rights and obligations of the Authority with respect to this <br /> Lease, including the right to receive full and timely payments hereunder. The City expressly <br /> acknowledges that the Authority makes, and has made, no representation or warranties <br /> whatsoever as to the existence or availability of such warranties of the manufacturer, vendor or <br /> contractor. <br /> SECTION 8.03. Use of the Leased Property. (a) The City will not use, operate <br /> or maintain the Leased Property improperly, carelessly, in violation of any applicable law or in <br /> a manner contrary to that contemplated hereby. The City shall provide all permits and licenses, <br /> if any, necessary for the use of the Leased Property. In addition, the City agrees to comply in <br /> all respects (including, without limitation, with respect to the use, maintenance and operation <br /> of each portion of the Irased Property) with all laws of the jurisdictions in which its operations <br /> involving any portion of the Ieased Property may extend and any legislative, executive, <br /> administrative or judicial body exercising any power or jurisdiction over the Leased Property; <br /> provided, that the City may contest in good faith the validity or application of any such law or <br /> rule in any reasonable manner which does not, in the opinion of the Trustee adversely affect the <br /> estate of the Authority in and to the Leased Property or its interest or rights hereunder. <br /> (b) The City herein covenants by and for itself and its successors and assigns, <br /> and all persons claiming under or through it, and this Lease is made and accepted upon and <br /> subject to the following conditions: <br /> LA 1-63219.5 20 <br />
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