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4.2) It is further agreed that the Fire Department shall <br />carry Public Liability Insurance and Workers Compensation on its <br />equipment and the operators of such equipment. <br />ARTICLE 5 <br />DUTY OF CARE <br />5.1) The Fire Department shall not be liable in any way to the <br />City or any inhabitant or property owner thereof, or to any other <br />person, firm, or corporation for failure of said Fire Department <br />to attend or put out a fire except when said neglect to attend or <br />put out a fire is willful or except when said Fire Department is <br />grossly negligent in its operations. <br />ARTICLE 6 <br />ENFORCEMENT <br />6.1) If any claim, proceeding or action is brought by the City <br />or the Fire Department to enforce the provisions of this Agreement, <br />the prevailing party shall be entitled, in addition to costs of <br />suit, to reasonable attorney's fees incurred in connection with any <br />such claim, proceeding or action and the same may be awarded by the <br />court having jurisdiction of such claim, proceeding or action. <br />ARTICLE 7 <br />BENEFIT <br />7.1) This Agreement shall be binding upon and inure to the <br />benefit of the successors of the City and the Fire Department. <br />ARTICLE 8 <br />NOTICES <br />8.1) Any notice required or permitted to be given under this <br />-4- <br />50 <br />