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D. TERMS AND CONDITIONS <br />Facilities . Agency and District agree the course shall be held at <br />facilities that are clearly identified as being open to the general public. (Title 5, Section <br />58051.5) <br />2. Open Enrollment. District and Agency agree that enrollment in the <br />course must be open to any person who has been admitted to the college and has met any <br />applicable prerequisites. (Title 5, Sections 51006 and 59106) The District's policy on <br />open enrollment is published in the college catalogue and schedule of classes (Title 5, <br />Section 51006), along with a description of the course and information about whether the <br />course is offered for credit and is transferable. (Title 5, Section 55005) <br />3. Support Services for Students. Agency and District shall ensure <br />that ancillary and support services are provided to the students (e.g. Counseling and <br />Guidance, and Placement Assistance). <br />4. Indemnification. All parties to this agreement agree to defend, <br />indemnify, and hold harniless the other party, its officers, agents, employees, and <br />volunteers, from and against all loss, cost, and expense arising out of any liability or <br />claim of liability, sustained or claimed to have been sustained, arising out of the <br />activities, or the performance or nonperformance of obligations under this agreement, of <br />the indemnifying party, or those of any of its officers, agents, employees, or volunteers. <br />The provisions of this article do not apply to any damage or loss caused solely by the <br />negligence or intentional acts of the non -indemnifying party or any of its , officers, <br />agents, employees, and volunteers. <br />,SAC -17-040 5 of 11 <br />25M-9 <br />