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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />5.0 PERSONNEL. SUPERINTENDENT and CITY shall retain complete and <br />absolute authority over their respective staff members assigned to the <br />GED Testing Center. Neither party has the authority to discipline, <br />suspend, or terminate from employment, or take action against the <br />other parties staff members. <br />6.0 DUTY TO PROVIDE FIT WORKERS. SUPERINTENDENT and CITY shall at <br />all times enforce appropriate discipline and good order among their <br />employees and shall not knowingly employ any unfit person or anyone <br />not skilled in providing the services required under this AGREEMENT. <br />Any person in the employ of the SUPERINTENDENT or CITY whom <br />SUPERINTENDENT or CITY deems incompetent, unfit, intemperate, <br />troublesome or otherwise undesirable shall be excluded from providing <br />services under this AGREEMENT and shall not again provide services <br />except with written consent of SUPERINTENDENT or CITY. <br />7.0 CONFIDENTIALITY. SUPERINTENDENT and CITY shall maintain <br />confidentiality of their respective records and information, <br />concerning the examinees served pursuant to all applicable federal <br />and /or state laws or regulations as each may now exist or be hereafter <br />amended. <br />8.0 HOLD HARMLESS_ <br />A. CITY agrees to and does hereby indemnify, hold harmless and <br />defend the SUPERINTENDENT, the Orange County Board of Education and <br />its officers, agents and employees from every claim or demand made and <br />every liability, loss, damage or expense, of any nature whatsoever, <br />which may be incurred by reason of: liability for damages for: (1) <br />death or bodily injury to person; (2) injury to, loss or theft of <br />Page 5 <br />