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Resolution 8263
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08000 - 08499 (2012-2016)
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Resolution 8263
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Last modified
11/12/2019 8:48:46 AM
Creation date
5/28/2014 1:57:48 PM
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MV City Council
City Council Document Type
Resolutions
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VII. Limitations <br /> A Party's decision to provide assistance in response to, or recovery from, an Emergency, <br /> or in authorized drills or exercise is subject to the following conditions: <br /> 1. A Party may withhold resources to the extent necessary to provide reasonable <br /> protection and services within its own jurisdiction. <br /> 2. A Providing Party may recall assistance at any time in the best interests of that Party. <br /> 3. Emergency response personnel of a Providing Party shall follow the policies and <br /> procedures of the Providing Party and will be under the Providing Party's command and <br /> control, but will follow the operational direction of the Incident Commander and be <br /> subject to the incident management system of the Requesting Party. <br /> 4. Assets and equipment of a Providing Party shall remain under the control of the <br /> Providing Party, but shall be under the operational control of the Incident Commander <br /> within the incident management system of the Requesting Party. <br /> VIII. Term of Agreement <br /> This Agreement shall be in full force and effect from January 1, 2014,through December <br /> 31,2022,subject to Section XV Withdrawal of Party/Termination.of Agreement. <br /> IX. Liability and Indemnification <br /> For purposes of the Minnesota Municipal Tort Liability Act(Minn. Stat.466),the employees <br /> and officers of a Providing Party are deemed to be employees (as defined in Minn. Stat. <br /> §466.01,subdivision 6) of the Requesting Party. <br /> The Requesting Party agrees to defend and indemnify Providing Parties against any claims <br /> brought or actions filed against a Providing Party or any officer, employee, or volunteer of a <br /> Providing Party for injury to, death of, or damage to the property of any third person or <br /> persons, arising from the performance and provision of assistance in responding to a request <br /> for assistance by the Requesting Party pursuant to this Agreement. <br /> Under no circumstances, however, shall a Party be required to pay on behalf of itself and <br /> other Parties, any amounts in excess .of the limits on liability established in Minnesota <br /> Statutes,Chapter 466 applicable to any one Party. The limits of liability for some or all of the <br /> Parties may not be added together to determine the maximum amount of liability for any <br /> Party. <br /> The intent of this subdivision is to impose on each Requesting Party a limited duty to defend <br /> and indemnify Providing Parties for claims arising within the Requesting Party's jurisdiction <br /> subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of <br /> 4 <br />
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