Agenda - 02-16-1999 - 8c - Laserfiche WebLink

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5. INSURANCE: Durham Tech shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. Durham Tech shall provide for personal property loss within the leased premises to the extent of their interest. No personal property that is owned by Durham Tech is insured by policies of insurance owned by the County. 6. INDEMNITY: The parties acknowledge that Durham Tech is a community college, established by the General Assembly, and as such is protected from legal action by governmental immunity. Durham Tech is not authorized by statute or otherwise to waive its governmental immunity, except that it may purchase insurance consistent with what it has agreed to do in paragraph 5 herein, and by so acting, governmental immunity is waived to the extent Durham Tech is covered by such insurance. The parties understand and acknowledge that Durham Tech is not, then, currently authorized to agree to provide indemnification for anything, to any person or entity, including Orange County, except to the extent such is accomplished by the purchase of insurance. Durham Tech does agree, however, that should the laws of the State of North Carolina be changed so as to allow it to agree to indemnify, then and under those conditions, Durham Tech will indemnify Orange County, and save it harmless form demands, suits, damages, liability and expense in connection with loss of life, personal injury or property damage arising from or out of any occurrence upon or at the leased premises during the lease period, occasioned wholly or in party by act or omission of Durham Tech, its agents, contractors, employees, invitee or licensees. It is expressly acknowledged and understood that Durham Tech will not, under any circumstances, indemnify Orange County as to any claim caused by the negligence or other wrongful conduct of the County. 7. ASSIGNMENT AND SUBLETTING: Durham Tech shall not assign or sublet the leased premises without the prior written consent of County. In all events, Durham Tech shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to Durham Tech at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278