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17 <br />Each party to this agreement shall be responsible for injuries to or death of its own employees in <br />conjunction with services provided pursuant to this agreement. Each party shall maintain workers' <br />compensation coverage or self-insurance coverage, covering its own personnel while they are <br />providing assistance as a member of EMS. Each party to this agreement waives the right to sue <br />any other party for any workers' compensation benefits paid to its own employee or their <br />dependents, even if the injuries were caused wholly or partially by the negligence of any other <br />party or its officers, employees or agents. <br />5.07 Damage to Equipment <br />Each party shall be responsible for damage to or loss of its own equipment occurring during <br />deployment of EMS. Each party waives the right to sue any other party for any damages to or loss <br />of its equipment, even if the damages or losses were caused wholly or partially by the negligence <br />of any other party or its officers, employees or agents. Any equipment purchased or acquired by <br />EMS shall be maintained and accounted for by the EMS Board and fiscal agent designated under <br />section 4.03. Surplus property may be disposed of only under procedures authorized by law and <br />distribution of property upon termination of this agreement shall be as provided for by Minn. Stat. <br />§471.59, Subd. 5. <br />5.08 Indemnification <br />East Metro Swat shall defend and indemnify the parties, and their officers, employees, and <br />volunteers, from and against all claims, damages, losses, and expenses, including attorney <br />fees, arising out the acts or omissions of any person acting on behalf of the governing board <br />in carrying out the terms of this agreement. This agreement does not constitute a waiver on <br />the limitations of liability set forth in Minn. Stat. § 466.04. <br />Nothing herein shall be construed to provide insurance coverage or indemnification to an <br />officer, employee, or volunteer of any member for any act or omission for which the officer, <br />employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. <br />To the fullest extent permitted by law, action by the parties to this agreement are intended to <br />be and shall be construed as a "cooperative activity" and it is the intent of the parties that <br />they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in <br />Minn. Stat., § 471.59, subd. la(a), provide further that for purposes of that statute, each <br />party to this agreement expressly declines responsibility for the acts or omissions of another <br />party. The parties to this agreement are not liable for the acts or omissions of another party <br />to this agreement except to the extent they have agreed in writing to be responsible for the <br />acts or omissions of the other parties. <br />5.09 Term <br />This agreement will be in force for a period of three years from the date of execution. <br />VI. WITIIDRAWL AND TERMINATION <br />6.01 Withdrawal <br />Any party may withdraw from this agreement upon thirty (30) days written notice to the other <br />parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who <br />have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to <br />withdrawal. Such liability shall continue until discharged by law or agreement. <br />6.02 Additional Members and Change in Membership <br />