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J <br />U""APITTOL CITY REGIONA LFLREFIGI-ITERS <br />ASSOCINFION ]FIRE SERVT-C]EA AGREqfvJM_1NT <br />5. Workers' compens.'atioll <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 Own <br />persionnel while they are providina assistance pursuant to this agreement. Each party <br />waivies the riaht. tio sue any other party for any workers" compensation benefits paid to its <br />oi-kin employee oij- volunteer or their dependants, eviell if the injuries were caused wholly <br />or partially by the neali <br />zn ence of any other party or its officers, employees, or volunteers. <br />4D <br />6. Dam.,aure to equipment <br />Each party shall be responsible for damages to or loss of its own equipnient. Each party <br />waives the r1aht to, sue any other pal-ty fora any damaues to or loss of its equipmeiit., even <br />C) �=> <br />if the damaaesi or losses were caused wholly or partially by the neaho'ence of any other <br />D <br />party or its officers, elllplOyeeS, OF V01 U-Inteers'. <br />7. Liabldity <br />1. For the purposes of the -Minnesota Mun.ici,plal,T'oi-t,Llability..Act (Mil n,-_StAt'A66). the <br />ernp'loye'e's and officers of the' .Responding Party are deemed to.-,be,.en)p1o__ ye es. as defined <br />in Mien. 466.01) su'bdivi"sio'a 6) of the Requ eStjnGF Party,.' <br />2. The "Requestinig, Party to aeT.e - nd and indemfi 4 the Respondin!;z Party against <br />J 4--1 <br />ai�-iy claims brought or �ctions: -filed -a­c�afh'st the Respondiner Pal-ty. or any officer, <br />employee, -or.volujiteer of fl.Je R.espo'ndin.cr, P.a­_1­tyf0F Injury to dedtll of - -or- damaae to the <br />property of airy third PeFSOn 0 . r pffs'oils arisilla from the- p'erfor'm'an'ce -.and rovi s ion of <br />p <br />assistance in responding to "a i-equ'est for'assistanc,e by the Reques . tilicr Z:� Par't'y'--.-p`u"rsua'nt to <br />this aicll,eerflent.,.. <br />Under n1c), circumstances however shall a, party, be requir'ed to pay on - <br />behalf 'fitself and <br />other parties,'. any aniounts in e . xcess of the limits, di� 1i abi.lity'esta'bi i she'd in Minnesota. <br />Statutes Chapter 466 applicable to any one party. The limit's,of liability f6r some or all of <br />the parties.. may niot,be added . together to determine the. ma'xiniu.ni amoui)tl-of li a-bil.ity for <br />any ay a <br />The intent of this subdivision is to impose '01n Re4uestinor Party ':a limited duty to <br />defend and indemnify a Responding Party for ctairns ari.sillo"'Within'the Requestilic, <br />1=) :zy I=) <br />Party's Jurisdiction subject to the limits. of liability under Minnesota Statutes Chapter <br />466. The purpose of creating this duty to defend and iiidemnify is to simplify the defense <br />of claims by elirninating conflicts amoncr defendants, and to permit liability clainis <br />against multiple defendants from a sinale occurrence to be defended by a single attorney.. <br />In <br />1 0 ZD <br />No party to this aggeement nor any officer, of any Party shall be liable to any other <br />Party or to any other person for failure of any, party to ftirnish assistance to any other <br />party, or for recallinor assistance both as described in this aorreement, <br />Pa 2 Of 3) <br />