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269 270 5.06 Workers' Compensation 27] Each party to this agreement shall be responsible for injuries to or death of its own employees in 272 conjunction with services provided pursuant to this agreement. Each party shall maintain workers' 273 compensation coverage or self-insurance coverage, covering its own personnel while they are 274 providing assistance as a member of EMS. Each party to this agreement waives the right to sue 275 any other party for any workers' compensation benefits paid to its own employee or their 276 dependents, even if the injuries were caused wholly or partially by the negligence of any other 277 party or its officers, employees or agents. 278 279 5.07 Damage to Equipment 280 Each party shall be responsible for damage to or loss of its own equipment occurring during 281 deployment of EMS. Each party waives the right to sue any other party for any damages to or loss 282 of its equipment, even if the damages or losses were caused wholly or partially by the negligence 283 of any other party or its officers, employees or agents. Any equipment purchased or acquired by 284 EMS shall be maintained and accounted for by the EMS Board and fiscal agent designated under 285 section 4.03. Surplus property may be disposed of only under procedures authorized by law and 286 distribution of property upon termination of this agreement shall be as provided for by Minn. Stat. 287 §471.59, Subd. 5. 288 289 290 5.08 Indemnification 291 292 East Metro Swat shall defend and indemnify the parties, and their officers, employees, and 293 volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, 294 arising out the acts or omissions of any person acting on behalf of the governing board in carrying 295 out the terms of this agreement. This agreement does not constitute a waiver on the limitations of 296 liability set forth in Minn. Stat. § 466.04. 297 298 Nothing herein shall be construed to provide insurance coverage or indemnification to an ofiicer, 299 employee, or volunteer of any member for any act or omission for which the officer, employee, or 300 volunteer is guilty of mal%asance in office, willful neglect of duty, or bad faith. 301 302 To the fullest extent permitted by law, action by the parties to this agreement are intended to be and 303 shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be 304 deemed a"single governmental unit" for the purposes of liability, as set forth in Minn. Stat., § 305 471.59, subd. la (a), provide further that for purposes of that statute, each party to this agreement 306 expressly declines responsibility for the acts or omissions of another party. The parties to this 307 agreement are not liable for the acts or oinissions of another party to this agreement except to the 308 extent they have agreed in writing to be responsible for the acts or omissions of the other parties. 309 310 When a party to this agreement loans an automobile to East Metro Swat, East Metro Swat's 311 automobile liability coverage shall be primary when East Metro Swat is in possession of the 312 autoinobile. East Metro Swat agrees to defend and indemnify the owner of the automobile and any 313 other parties to this agreement for any liability claims related to the use of the automobile, subject 314 to the limitations in Section 3.08 of this Agreement. 315 316 317 318 319 320 321 322 5.09 Term This agreement will be in force for a period of three years from the date of execution.