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Workers' Compensation. Each party shall be responsible for injuries or death of its own <br /> personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, <br /> covering its own personnel while they are providing services pursuant to this Agreement. Each <br /> party waives the right to sue the other party for any workers' compensation benefits paid to its own <br /> employees or their dependents, even if the injuries were caused wholly or partially by the <br /> negligence of the other party or its officers, employees, or agents. <br /> ARTICLE III <br /> Authority, Binding Effect. Both parties represent and warrant that the individuals <br /> executing this Agreement on behalf of each of the parties have the full power and authority to <br /> execute and perform this Agreement, and this Agreement constitutes a legal, valid and binding <br /> obligation enforceable in accordance with its terms. <br /> ARTICLE IV <br /> Successors. All terms, covenants, and conditions of this Agreement shall be binding upon, <br /> and insure to the benefit of and be enforceable by the parties hereto and their respective successors <br /> and assigns. This Agreement and the rights and obligations of any party hereunder shall not be <br /> assignable except with the written consent of the other party hereto, which consent shall not be <br /> unreasonably withheld. <br /> Severability. This Agreement is intended to be performed in accordance with, and only to <br /> the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of <br /> this Agreement, or the application thereof to any person or circumstance, shall, for any reasons and <br /> to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of <br /> such provision to other persons or circumstances shall not be affected thereby but rather shall be <br /> enforced to the extent permitted by law. <br /> Termination. Any party may terminate its participation in this agreement at any time <br /> upon written notice provided however that the provisions of Articles II, III, and IV shall survive <br /> termination to the full extent needed for the protection of all parties. <br /> Waivers and Amendments. This Agreement may be amended or superseded, and its <br /> terms or covenants hereof may be waived, only by a written instrument executed by the parties <br /> hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any <br /> time or times to require performance of any provisions hereof shall in no manner affect its right at <br /> a later time to enforce the same. No waiver by a party of the breach of any term or covenant <br /> contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in <br /> anyone or more instances, shall be deemed to be, or construed as, a further or continuing waiver of <br /> any breach, or a waiver of the breach of any other term or covenant contained herein. Updates to <br /> the term sheet attached as Exhibit "A" may be made annually by the City of Hugo with general <br /> consensus among participating cities to ensure proper management and coordination of the pool. <br /> 3 <br /> 14 <br />