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c. Product Liabiity Insurance. Each User will maintain a minimum coverage of$2,000,000 of
<br /> general liability and product liability insurance,with Piedmont Food&Agricultural
<br /> Processing Center named as"added named insured"on each policy. Users must provide
<br /> proof of insurance to the PFAP Manager before User may enter and use the facility.
<br /> 5. LIMITATION OF LIABILITY. No section of the Agreement is intended to create a waiver of
<br /> Orange County's rights or privileges as a sovereign entity. User agrees that any and all claims
<br /> involving PFAP are strictly subject to the following limitations:
<br /> a. Business Services. All Business Services provided by PFAP and/or any officers, staff, or
<br /> other agents of PFAP and/or Orange County are provided solely for the purpose of assisting
<br /> User in the operation of its business. Orange County makes no representations,warranties or
<br /> guarantees that the business services provided will result in the success of the User. User
<br /> understands and acknowledges that User is solely and completely at freedom to accept or
<br /> reject any business services, and that the principal(s) or owner(s) alone are in control of the
<br /> User and its success or failure. User acknowledges and agrees that Orange County and any
<br /> officers, staff, trustees or other agents of Orange County are not liable to the User, or its
<br /> principal(s) or owners(s) for any damages resulting from the use of or reliance upon the
<br /> business services provided by PFAP.
<br /> b. Liability. PFAP and/or Orange County shall not be liable for any damage to either person or
<br /> property sustained by the tenant or by any third party arising in any way out of the User's
<br /> use, operation, occupancy of PFAP premises, or sale or distributing of any product
<br /> manufactured on the premises. The Users covenant and agree to indemnify, defend, and hold
<br /> harmless PFAP and Orange County, and its employees from all claims, costs, and liability
<br /> -arising from or in connection with damages, injuries to persons (including death), or
<br /> property in,upon, or about the PFAP premises, or any portions thereof, or resulting from the
<br /> sale,distribution,and use of any product manufactured by the User on the PFAP premises.
<br /> c. Indemnity. User agrees to defend, indemnify and hold harmless PFAP and Orange
<br /> County from all loss, liability, claims or expense, including attorney's fees, arising out of
<br /> or related to claims, costs, and liability arising from or in connection with damages, injuries
<br /> to persons (including death), or property in, upon, or about the PFAP premises, or any
<br /> portions thereof, or resulting from the sale, distribution, and use 'of any product
<br /> manufactured by the User on the PFAP premises, except to the extent same are caused by
<br /> the negligence or willful misconduct of PFAP and/or Orange County. It is the intent of
<br /> this provision to require User to indemnify Orange County and PFAP to the fullest
<br /> extent permitted under North Carolina law.
<br /> 6. CONFIDENTIALITY.User and PFAP agree and acknowledge as follows:
<br /> a. Confidential Information.The Kitchen is a shared-use,facility,and may be occupied and
<br /> used simultaneously by similarly situated third-party Users ("Others"). The Parties further
<br /> acknowledge and agree that the conduct of User's business and the production of User's
<br /> food products may involve the use of recipes,techniques, sources of ingredients, financial
<br /> and business records and other information that is owned and used exclusively by the User
<br /> that constitute trade secrets or proprietary knowledge that must remain confidential for the
<br /> protection of User's business("Confidential Information").User acknowledges and agrees
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