11-25-1991 HRA Meeting - Laserfiche WebLink

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h- r! K- y i- r- A. Itr. 'JI r»*t ■it-ly ‘V. \?’- r i. r •;> ' r ARTICLE IX CITY'S EQUIPMENT; WARRAJJTIES; DISCLAIMER Section 9.1. installation ot Cir.v's EouiDment. City nay at any time and front time to time after the Completion Date/ in ita sole discretion and at its own expense, install items of movable machinery and equipment in or upon the Project, which items shall be identified by tags or other symbols affixed thereto as property of City not included in the Project. All such items so identified shall remain the sole property of City, in which Authority shall have no interest, and may be modified or removed by City at any time provided that City shall repair and restore any and all damage to the Project resulting from the installation, modification or removal of any such items. Nothing in this Lease shall prevent City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase Lease, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest shall attach to any part of the Project. Section 9.2. Design of Project. The design of the Project, the Architect and the Contractor have been or will be selected by City, and Authority shall have no responsibility in connection with the selection of the Architect, the design of the Project, its suitability for the use intended by City, or the performance by the Contractor in constructing the Project. Section 9.3. installation and Mainr^nange of Project. Authority shall have no obligation to install, erect, test, inspect, service or maintain the Project or any portion thereof under any circumstances, but suc'r actions shall be the obligation of City or the Contractor as specified herein. Section 9.4. Warranties. Authority hereby assigns to City for and during the Term of the Lease, all of its interest in all warranties and guarantees or other contract rights against the Architect and the Contractor, express or implied, issued on or applicable to the Project, and Authority here..>y authorizes City to obtain the customary services furnished in connection with such warranties and guarantees at City's expense. Section 9.5. Diselalmer of Warranties. AUTHORITY MAKES NO HAEUU^TY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY CITY OF THE PROJECT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT. 9-1