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Res. #11-013 - Authorizing Gov. Unit to be a Party to MnWARN
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Res. #11-013 - Authorizing Gov. Unit to be a Party to MnWARN
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11/3/2011 12:19:02 PM
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7/15/2011 11:08:11 AM
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every kind, nature, and description, directly or indirectly arising from the Responding Party's <br /> Assistance during the Period of Assistance. The scope of the Receiving Party's duty to <br /> indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful <br /> use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other <br /> negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party <br /> shall not be required to defend and indemnify the Responding Party for any willful or wanton <br /> misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no <br /> circumstances, however, shall a party be required to pay on behalf of itself and other parties, <br /> any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 <br /> applicable to any one party. The intent of this article is to impose on each Receiving Party a <br /> limited duty to defend and indemnify a Responding Party for claims arising within the Receiving <br /> Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The <br /> purpose of creating this duty to defend and indemnify is to simplify the defense of claims by <br /> eliminating conflicts among defendants and to permit liability claims against multiple defendants <br /> from a single occurrence to be defended by a single attorney. <br /> The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the <br /> conditions set forth in Article X. <br /> ARTICLE IX <br /> DAMAGE TO EQUIPMENT <br /> Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives <br /> the right to sue any other Party for any damages to or loss of its equipment, even if the <br /> damages or losses were caused wholly or partially by the negligence of any other Party or its <br /> officers, employees, or volunteers. <br /> ARTICLE X <br /> WORKERS' COMPENSATION <br /> Each Party shall be responsible for injuries or death of its own personnel. Each Party will <br /> maintain workers' compensation insurance or self-insurance coverage, covering its personnel <br /> while they are providing Assistance pursuant to this Agreement. Each Party waives the right to <br /> sue another Party for any workers' compensation benefits paid to its own personnel while they <br /> are providing Assistance pursuant to this Agreement. Each Party waives the right to sue <br /> another Party for any workers' compensation benefits paid to its own employee or volunteer or <br /> their dependents, even if the injuries were caused wholly or partially by the negligence of <br /> another Party or its officers, employees or volunteers. <br /> ARTICLE XI <br /> INSURANCE <br /> Parties to this Agreement shall maintain the following liability coverages: (1) commercial general <br /> liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each <br /> policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, <br /> subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be <br /> less than double the maximum municipal liability limit in Section 466.04, subd. 1. <br /> 8 <br />
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