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Resolution 8529
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Resolution 8529
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Last modified
6/25/2019 10:08:23 AM
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3/15/2016 2:58:54 PM
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MV City Council
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Resolutions
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among defendants, and to permit liability claims against <br /> multiple defendants from a single occurrence to be <br /> defended by a single attorney. <br /> 5.2.7.2 A Requesting Party shall defend, indemnify and hold <br /> harmless the Responding Parties, their employees, <br /> officers, and elected and appointed officials for injury to, <br /> death of, or damage to the property of any third person or <br /> persons, arising from the performance and provision of <br /> assistance in responding to a request for assistance by a <br /> Requesting Party pursuant to this Agreement, subject to <br /> the limits of liability under Minnesota Statutes Chapter 466 <br /> and other applicable law, rule, and regulation, including <br /> common law. <br /> 5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act, <br /> the employees and officers of the Responding Parties are <br /> deemed to be employees (as defined in Minn. Stat. <br /> § 466.01, subd. 6) of the Requesting Party, but only for <br /> purposes of addressing liability under this Agreement.The <br /> employees of the Responding Parties shall not be <br /> considered employees of the Requesting Party for any <br /> other purpose. <br /> 5.2.7.4 Under no circumstances shall a Party be required to pay on <br /> behalf of itself and other Parties any amounts in excess of <br /> the limits on liability established in Minn. Stat. Ch. 466 <br /> applicable to any one Party. Pursuant to Minn. Stat. <br /> §471.59, subd. 1 a., the limits of liability for some or all of <br /> the Parties may not be added together to determine the <br /> maximum amount of liability for any Party or Requesting <br /> Party. In addition to the foregoing, nothing herein shall be <br /> construed to waive or limit any immunity from, or limitation <br /> on, liability available to any Party, whether set forth in <br /> Minnesota Statutes, Chapter 466, or otherwise. <br /> 5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall <br /> be construed to require provision of defense or <br /> indemnification to an officer, employee, or volunteer of any <br /> member for any act or omission for which the officer, <br /> employee, or volunteer is guilty of malfeasance in office, <br /> willful neglect of duty, or bad faith. <br /> 5.2.8 Aid to Non-Parties <br /> 5.2.8.1 Definitions and Controlling Law. A political subdivision <br /> that is not a Party to this Agreement may request <br /> #207943 5 <br />
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