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Each party to this agreement shall be responsible for injuries to or death of its own employees in 268 conjunction with services provided pursuant to this agreement. Each party shall maintain workers’ 269 compensation coverage or self-insurance coverage, covering its own personnel while they are 270 providing assistance as a member of EMS. Each party to this agreement waives the right to sue 271 any other party for any workers’ compensation benefits paid to its own employee or their 272 dependents, even if the injuries were caused wholly or partially by the negligence of any other 273 party or its officers, employees or agents. 274 275 5.07 Damage to Equipment 276 Each party shall be responsible for damage to or loss of its own equipment occurring during 277 deployment of EMS. Each party waives the right to sue any other party for any damages to or loss 278 of its equipment, even if the damages or losses were caused wholly or partially by the negligence 279 of any other party or its officers, employees or agents. Any equipment purchased or acquired by 280 EMS shall be maintained and accounted for by the EMS Board and fiscal agent designated under 281 section 4.03. Surplus property may be disposed of only under procedures authorized by law and 282 distribution of property upon termination of this agreement shall be as provided for by Minn. Stat. 283 §471.59, Subd. 5. 284 285 286 5.08 Indemnification 287 288 East Metro Swat shall defend and indemnify the parties, and their officers, employees, and 289 volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, 290 arising out the acts or omissions of any person acting on behalf of the governing board in carrying 291 out the terms of this agreement. This agreement does not constitute a waiver on the limitations of 292 liability set forth in Minn. Stat. § 466.04. 293 294 Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, 295 employee, or volunteer of any member for any act or omission for which the officer, employee, or 296 volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 297 298 To the fullest extent permitted by law, action by the parties to this agreement are intended to be and 299 shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be 300 deemed a “single governmental unit” for the purposes of liability, as set forth in Minn. Stat., § 301 471.59, subd. 1a(a), provide further that for purposes of that statute, each party to this agreement 302 expressly declines responsibility for the acts or omissions of another party. The parties to this 303 agreement are not liable for the acts or omissions of another party to this agreement except to the 304 extent they have agreed in writing to be responsible for the acts or omissions of the other parties. 305 306 When a party to this agreement loans an automobile to East Metro Swat, East Metro Swat’s 307 automobile liability coverage shall be primary when East Metro Swat is in possession of the 308 automobile. East Metro Swat agrees to defend and indemnify the owner of the automobile and any 309 other parties to this agreement for any liability claims related to the use of the automobile, subject 310 to the limitations in Section 3.08 of this Agreement. 311 312 313 5.09 Term 314 This agreement will be in force for a period of three years from the date of execution. 315 316 317 VI. WITHDRAWL AND TERMINATION 318 319 6.01 Withdrawal 320 6