2014_0609_CCpacket - Laserfiche WebLink

Home

118 VIL Limitations 119 A Party's decision to provide assistance in response to, or recovery from, an Emergency, 120 or in authorized drills or exercise is subject to the following conditions: 121 1. A Party may withhold resources to the extent necessary to provide reasonable 122 protection and services within its own jurisdiction. 123 2. A Providing Party may recall assistance at any time in the best interests of that Party. 124 3. Emergency response personnel of a Providing Party shall follow the policies and 125 procedures of the Providing Party and will be under the Providing Party's command and 126 control, but will follow the operational direction of the Incident Commander and be 127 subject to the incident management system of the Requesting Party. 128 4. Assets and equipment of a Providing Party shall remain under the control of the 129 Providing Party, but shall be under the operational control of the Incident Commander 130 within the incident management system of the Requesting Party. 131 VIIL Term of A�reement 132 This Agreement shall be in full force and effect from January 1, 2014, through December 133 31, 2022, subject to Section XV Withdrawal of Partv/Termination of A�;reement. 134 135 IX. Liabilitv and Indemnification 136 For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees 137 and officers of a Providing Party are deemed to be employees (as defined in Minn. Stat. 138 §466.01, subdivision 6) of the Requesting Party. 139 140 The Requesting Party agrees to defend and indemnify Providing Parties against any claims 141 brought or actions filed against a Providing Party or any officer, employee, or volunteer of a 142 Providing Party for injury to, death of, or damage to the property of any third person or 143 persons, arising from the performance and provision of assistance in responding to a request 144 for assistance by the Requesting Party pursuant to this Agreement. 145 146 Under no circumstances, however, shall a Party be required to pay on behalf of itself and 147 other Parties, any amounts in excess of the limits on liability established in Minnesota 148 Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the 149 Parties may not be added together to determine the maximum amount of liability for any 150 Party. 151 152 The intent of this subdivision is to impose on each Requesting Party a limited duty to defend 153 and indemnify Providing Parties for claims arising within the Requesting Party's jurisdiction 154 subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of 0