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~1(®1~[®J1L JL AV®~~"~a''+~b "A. JL ~q"'~~~J~®Y V~/7~ `~~'~I~LL®~~~y~~~JpLA9~ <br />5. Workers' compensation <br />Each party shall be responsible for injuries or death of its awn personnel. Each party will <br />maintain workers' compensation insurance or self-insurance coverage, covering its awn <br />personnel while they are providing assistance pursuant to this agreement. Each party <br />waives the right to sue any other party for any workers' compensation benefits paid to its <br />own employee or volunteer or their dependants, even if the injuries were caused wholly <br />or partially by the negligence of any other party or its officers, employees, or volunteers. <br />6. Damage to equipment <br />Each party shall be responsible for damages to or loss of its own equipment. Each party <br />waives the right to sue any other party far any damages to or lass of its equipment, even <br />if the damages ax lasses were caused wholly or partially by the negligence of any other <br />party or its officers, employees, or voluunteers. <br />7 L~ab~Gty .. <br />1 Farmthe purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 4,b6), the <br />employees-.:and officers,of the Responding Party are deemed to be employees-:(as def ned <br />in Minn. Stat. 4b6.01, subdivision 6) df the Requesting Party. <br />2. The Requesting. Party agrees to defend and indemnify the `Responding Parry against <br />any claims brought..or actions filed'against the Responding Partyor any officer, <br />employee, or volunteer of the Responduig Party for: injury`to, death'of, or damage to the <br />property of any third person or persons, arising from the performance and provision of <br />assistance.: in responding to a request for assistance by the )tquesting Party puxsuant to <br />this agreement. <br />,, <br />Under no circumstances, hovvev~r; shall a party be required to pay ap behalf of itself and <br />other parties, any. amounts in ekcess of the limits on Iiabi;lityestablished in Minnesota <br />Statutes Chapter 466 applicable",.to any one party.. The limits of Inability far some or all of <br />the parties`may not be added together to determine the maximum. amount of liability for <br />any party...... <br />The intent of this subdivision is to impose on each Requesting. Party a limited duty to <br />defend and indemnify a Responding Party for claims-arising within the Requesting <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 indemnify is to simplify the defense <br />of claims by eliminating conflicts among defendants, and to permit liability claims <br />against multiple defendants from a single occurrence to be defended by a single attorney. <br />3. No party to this agreement nox any afficex of any Party shall be liable to any other <br />Forty or to any other person for failure of any party to furnish assistance to any other <br />parry, or for recalling assistance, both as described in this agreement. <br />• <br />Page2of3 <br />