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Durham Tech shall provide for personal property loss within the leased premises to the extent <br /> of their interest. No personal property which is owned by Durham Tech is insured by policies of <br /> insurance owned by the County. <br /> 6. INDEMNIFICATION: The parties acknowledge that Durham Tech is a community college, <br /> established by the General Assembly, and as such is protected from legal action by governmental <br /> immunity. Durham Tech is not authorized by statute or otherwise to waive its governmental immunity, <br /> except that it may purchase insurance consistent with what it has agreed to do in paragraph 5 herein, <br /> and by so acting, governmental immunity is waived to the extent Durham Tech is covered by such <br /> insurance. The parties understand and acknowledge that Durham Tech is not, then, currently <br /> authorized to agree to provide indemnification for anything,to any person or entity,including Orange <br /> County,except to the extent such is accomplished by the purchase of insurance. Durham Tech does <br /> agree, however,that should the laws of the State of North Carolina be changed so as to allow it to <br /> agree to indemnify, then and under those conditions, Durham Tech will indemnify Orange County, <br /> and save it harmless form demands, suits, damages, liability and expense in connection with loss <br /> of life, personal injury or property damage arising from or out of any occurrence upon or at the <br /> leased premises during the lease period,occasioned wholly or in party by act or omission of Durham <br /> Tech, its agents, contractors, employees, invitee or licensees. It is expressly acknowledged and <br /> understood that Durham Tech will not,under any circumstances,indemnify Orange County as to any <br /> claim caused by the negligence or other wrongful conduct of the County. <br /> 7. ASSIGNMENT AND SUBLETTING: Durham Tech shall not assign or sublet the leased <br /> premises without the prior written consent of County. In all events, Durham Tech shall remain fully <br /> responsibility for and shall not be released from performing any of the terms of this lease. <br /> 8. OTHER TERMS AND CONDITIONS OF LEASE BETWEEN COUNTY AND CCR BUILDING <br /> JOINT VENTURE. The Lease between County and CCR Building Joint Venture is Exhibit 1 to this <br /> lease, and is incorporated herein by reference. Durham Tech acknowledges this lease and that its <br /> terms and conditions impose obligations on County not addressed in this lease. Durham Tech <br /> agrees that it will not allow its actions to place County in violation of its lease with CCR. <br /> 9. NOTICES. For the purpose of notice or demand, the respective parties shall be served <br /> by certified or registered mail,return receipt requested,address to County or to Durham Tech at their <br /> respective address as set forth herein: <br /> TO COUNTY: Orange County <br /> %Director of Purchasing and Central Services <br /> Post Office Box 8181 <br /> Hillsborough, NC 27278 <br /> TO DURHAM TECH: Durham Technical College <br /> % President <br /> 1637 Lawson Street <br /> Durham, NC 27703 <br /> 2 <br />