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NORTH CAROLINA <br />ORANGE COUNTY <br />J <br />AGREEMENT BETWEEN ORANGE COUNTY AND FIGURE 8 FILMS <br />This AGREEMENT, made and entered into this day of , 2009, by and between Orange <br />County, North Carolina, and Figure 8 Films; <br />WITNESSETH; <br />Owner hereby grants to DISCOVERY COMMUNICATIONS, INC. ("DCI") and Advanced Medical Productions, Inc.dba <br />Figure 8 Films ("Producer") and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, for <br />good and valuable consideration, receipt of which is hereby acknowledged, permission to enter upon and use the <br />properties and the contents thereof and the appurtenances thereto located at1081 Martin Luther King Jr. Blvd Chapel Hill, <br />and 1600 Eubanks Road, Chapel Hill (the "Property")for the purpose of photographing and recording certain scenes in <br />connection with a program tentatively titled Pick of the Litter (the "Program") during production thereof, and as necessary <br />during any extension, reshooting or preparation of publicity or promotion therefore. All physical embodiments of filming, <br />recording and photography on the Property shall hereinafter be known as the "Materials". <br />DCI and/or Producer may place all necessary facilities and equipment on the Property and agree to remove same after <br />completion of work and leave the property in as good of condition as when received. <br />DCI and/or Producer will use reasonable care to prevent damage to said Property, and will indemnify the owner, and all <br />other parties lawfully in possession, of said Property, and hold each of them harmless from any claims and demands of <br />any person or persons arising out of or based upon personal injuries, death or property damage suffered by such person <br />or persons resulting directly from any act of negligence on Producer and/or DCI's part in connection with Producer and/or <br />DCI's use of the Property. The Producer will have a standard liability insurance policy of at least $1 million and will <br />include Orange County Animal Services as an additional insured to cover their liability when on site. <br />Owner grants to Producer and/or DCI all rights of every kind in and to the Materials including without limitation the right to <br />exploit the Materials throughout the world, an unlimited. number of times, in perpetuity in any and all media, now known or <br />hereafter invented, and in connection with the Program, DCI or otherwise and for advertising and promotional purposes in <br />connection therewith and all rights, including copyright in the Materials shall be and remain vested in Producer and/or <br />DCI, and neither the Owner, nor any tenant, nor other party now or hereafter having an interest in the Property, shall have <br />any right of action against Producer and/or DCI or any other party arising out of any use of said Materials whether or not <br />such use is, or may be claimed to be, defamatory, untrue or censorable in nature. <br />If the film is produced for broadcast, the Producer agrees to work with Orange County Animal Services to plan and hold <br />an event at the new Animal Services Center involving the film, Figure 8 staff, Animal Services staff and the community. <br />The undersigned acknowledges that Producer and/or DCI is photographing and recording such scenes in express <br />reliance upon the foregoing. The undersigned represents and warrants that the undersigned has all rights and authority to <br />enter into this agreement and to grant.the rights granted hereunder. <br />Producer and/or DCI are not obligated to actually use the Property or produce the Program or include the Materials in the <br />Program for which it was shot or otherwise. Producer and/or DCI may at any time elect not to use the Property by giving <br />the owner written notice of such election, in which case, neither party shall have any obligation hereunder. <br />This is the entire agreement. No other authorization is necessary to enable Producer and/or DCI to use the Property for <br />the purpose herein contemplated. <br />AGREED AND ACCEPTED: <br />Orange County, North Carolina <br />By: <br />Valerie P. Foushee Chair, Board of County Commissioners <br />By: <br />Bill Hayes, President, Figure 8 Films <br />Date: Date: <br />Figure 8 Films <br />307 West Weaver Street <br />Carrboro, NC 27510 <br />