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269 <br />270 <br />271 <br />272 <br />273 <br />274 <br />275 <br />276 <br />277 <br />278 <br />279 <br />280 <br />281 <br />282 <br />283 <br />284 <br />285 <br />286 <br />287 <br />288 <br />289 <br />290 <br />291 <br />292 <br />293 <br />294 <br />295 <br />296 <br />297 <br />298 <br />299 <br />300 <br />301 <br />302 <br />303 <br />304 <br />305 <br />306 <br />307 <br />308 <br />309 <br />310 <br />311 <br />312 <br />313 <br />314 <br />315 <br />316 <br />317 <br />318 <br />319 <br />320 <br />321 <br />322 <br />Each party to this agreement shall be responsible for iqjuries to or death of its own employees in <br />coqjunction with services provided. pursuant to this agreement. Each party shall maintain workers' <br />compensation coverage or self-insurance coverage, covering its own personnel while they are <br />'ding assistance as a me is agreement waives the r'ght to sue <br />provi 1 ember of EMS. Each party to this I <br />any other party for any workers' compensation benefits paid. to its own employee or their <br />dependents, even if the in'uries were caused. wholly or partially by the negligence of any other <br />party or its officers, employees or agents. <br />5.07 Dama2e to Eguip�ment <br />Each party shall be responsible for damage to or loss of its own equipment occurring during <br />deployment of EMS. Each party waives the right to sue any other party for any damages to or loss <br />of its equipment, even if the damages or losses were caused. wholly or partially by the negligence <br />of any other party or its officers, employees or agents. Any equipment purchased. or acquired. by <br />EMS shall be maintained. and. accounted. for by the EMS Board. and. fiscal agent desi, nated. under <br />section 4.03. Surplus property may be disposed. of only under procedures authorized. by law and. <br />distribution of property upon termination of this agreement shall be as provided. for by Minn. Stat. <br />§471.59, Subd.. 5. <br />5.08 Indemnification <br />East Metro Swat shall defend and indemnify the parties, and their officers, employees, and <br />volunteers, from and against all claims, damages, losses, and expenses, including attorney <br />fees, arising out the acts or omissions of any person acting on behalf of the governing board <br />in carrying out the terms of this agreement. This agreement does not constitute a waiver on <br />the limitations of liability set forth in Minn. ►tat. § 466.04. <br />Nothing herein shall be construed to provide insurance coverage or indemnification to an <br />officer, employee, or volunteer of any member for any act or omission for which the officer, <br />employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. <br />To the fullest extent permitted by law, action by the parties to this agreement are intended to <br />be and shall be construed as a "coop�erative activity" and it is the intent of the parties that <br />they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in <br />Minn. ►tat., § 471.59, subd. la(a), provide further that for purposes of that statute, each <br />party to this agreement expressly declines resp�onsibility for the acts or omissions of another <br />party. The parties to this agreement are not liable for the acts or omissions of another party <br />to this agreement except to the extent they have agreed in writing to be responsible for the <br />acts or omissions of the other parties. <br />5.09 Term <br />This agreement will be in force for a period. of three years from the date of execution. <br />VI. WITHDRAW .r AND TERMINATION <br />6.01 Withdrawal <br />Any party may withdraw from this agreement upon thirty (30) days written notice to the other <br />parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who <br />have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to <br />withdrawal. Such liability shall continue until discharged by law or agreement. <br />6.02 Additional Members and Change in lemlaershi <br />