}
<br />Durham Tech shall provide a list of instructors and any other Durham Tech employees who will
<br />be assigned to the Senior Center and Seymour Center to the County within five days of the date
<br />of signing of this agreement or prior to the employee's first day of work at the Senior Center and
<br />Seymour Center site, whichever date is earlier. County reserves the right to prohibit any
<br />individual employee of Durham Tech from accessing or providing services on County property
<br />or at County events if County determines, in its sole discretion, that such employee poses a threat
<br />to the safety or well -being of County employees, guests, customers, or invitees.
<br />8. Observation and Documentation
<br />Durham Tech's staff frequently observes programs. They may photograph, videotape, or
<br />audiotape Durham Tech classes /programs only for purposes of documenting, reviewing the
<br />quality of classes /programs, and gathering materials for Durham Tech catalogs, flyers, and other
<br />marketing /advertising/fundraising materials. Durham Tech staff may not observe, photograph,
<br />videotape or audiotape any County employees, guests, customers, or invitees. Any media
<br />coverage of Durham Tech classes on County property must receive prior authorization from the
<br />County manager or Senior Center /Seymour Center Director.
<br />Any media coverage or press release by or from County including photographs, video, audio,
<br />print, or other media of Durham Tech's culinary art classes, employees, or students while on
<br />County property must be provided to Durham Tech before release, and prior written
<br />authorization from Durham Tech must be obtained.
<br />9. Evaluation
<br />Durham Tech, the Senior Center Director and the Seymour Center Director agree to hold
<br />quarterly evaluation review meetings to assess the partnership.
<br />10. Indemnification
<br />To the extent permitted under North Carolina law, Durham Tech shall indemnify, defend and
<br />hold harmless, up to the insurance limits set out in Section 5 above and in no instance and for no
<br />reason to exceed such limits, County, its agents, and employees, from and against all claims,
<br />actions, demands, costs, damages, losses and/or expenses of any kind whatsoever, in whole or in
<br />part, resulting from any acts of Durham Tech employees or students or from the omission or
<br />commission of any act, lawful or unlawful, caused by Durham Tech's use of the Senior Center
<br />and Seymour Center kitchens and meeting rooms pursuant to this Agreement, by Durham Tech,
<br />its agents, employees, or students including but not limited to court costs and attorney's fees
<br />incurred by County in connection with the defense of said matters.
<br />To the extent permitted under North Carolina law, County shall indemnify, defend and hold
<br />harmless, up to the limits of County's general liability insurance and in no instance and for no
<br />reason to exceed such limits, Durham Tech, its agents, and employees, from and against all
<br />claims, actions, demands, costs, damages, losses and/or expenses of any kind whatsoever, in
<br />whole or in part, resulting from any acts or omissions of County's employees or agents or arising
<br />from County's obligations as provided in Section 1 (one) of this Agreement. This
<br />0
<br />
|