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Resolution 8263 (signed agreement)
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Resolution 8263 (signed agreement)
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Last modified
11/20/2024 11:22:51 AM
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1/17/2022 5:27:56 AM
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MV City Council
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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 />V III. 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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