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CCP 12052022
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CCP 12052022
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Last modified
12/1/2022 11:20:47 AM
Creation date
12/1/2022 11:20:33 AM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
12/5/2022
Meeting Type
Regular
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VIII. Term of Agreement <br />This Agreement shall be in full force and effect from January 1, 2023, through December 31, 2029, <br />subject to Section XVI Withdrawal of Party/Termination of Agreement. <br />IX. Liability and Indemnification <br />For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), <br />the employees and officers of a Providing Party are deemed to be employees (as defined in <br />Minnesota Statutes, §466.01, Subdivision 6) of a Requesting Party. <br /> <br />A Requesting Party agrees to defend and indemnify a Providing Party against any claims brought <br />or actions filed against a Providing Party or any officer, employee, or volunteer of a Providing <br />Party for injury to, death of, or damage to the property of any third person or persons, arising from <br />the performance and provision of Assistance in responding to a request for Assistance by the <br />Requesting Party pursuant to this Agreement. <br /> <br />Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other <br />Parties, any amounts in excess of the limits on liability established in Minnesota Statutes §466.04 <br />applicable to any one Party. The limits of liability for any or all Parties may not be added together <br />to determine the maximum amount of liability for any Party. <br /> <br />The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and <br />indemnify a Providing Party for claims arising within a Requesting Party’s jurisdiction subject to <br />the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to <br />defend and indemnify is to simplify the defense of claims by eliminating conflicts among <br />defendants, and to permit liability claims against multiple defendants from a single occurrence to <br />be defended by a single attorney. <br /> <br />No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any <br />other person for failure of any Party to furnish Assistance to the other Parties, or for recalling <br />Assistance, both as described in this Agreement. <br />Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or Federal <br />benefits to personnel who respond or render Assistance pursuant to an Emergency request and <br />sustain injury or death in the course of, and arising out of, their employment and response or <br />Assistance under this Agreement. <br /> <br />A Providing Party shall not be responsible for any injuries, damages or losses arising from the acts <br />or omissions of personnel of a Requesting Party and its officers, employees, agents, and assigns. <br />5 <br /> <br />
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