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Section 5. Command of Scene. <br />The Requesting Party shall be in command of the mutual aid scene. The personnel and <br />equipment of the Responding Party shall be under the direction and control of the Requesting <br />Party until the Responding Official withdraws assistance. <br />Section 6. Workers' compensation. <br />Each party shall be responsible for injuries or death of its own personnel. Each party will <br />maintain workers' compensation insurance or self-insurance coverage, covering its own <br />personnel while they are providing assistance pursuant to this agreement. Each party waives the <br />right to sue any other party for any workers' compensation benefits paid to its own employee or <br />volunteer or their dependants, even if the injuries were caused wholly or partially by the <br />negligence of any other party or its officers, employees, or volunteers. <br />Section 7. Damage to equipment. <br />Each party shall be responsible for damages to or loss of its own equipment. Each party waives <br />the right to sue any other party for any damages to or loss of its equipment, even if the damages <br />or losses were caused wholly or partially by the negligence of any other party or its officers, <br />employees, or volunteers. <br />Section 8. Liability. <br />a. For the purposes of Tort Liability, the employees and officers of the Responding <br />Party are deemed to be employees of the Requesting Party. <br />b. The Requesting Party agrees to defend and indemnify the Responding Party <br />against any claims brought or actions filed against the Responding Party or any <br />officer, employee, or volunteer of the Responding Party for injury to, death of, or <br />damage to the property of any third person or persons, arising from the <br />performance and provision of assistance in responding to a request for assistance <br />by the Requesting Party pursuant to this agreement. <br />C. Under no circumstances, however, shall a party be required to pay on behalf of <br />itself and other parties, any amounts in excess of the limits on liability established <br />in its Home State applicable to any one party. The limits of liability for some or <br />all of the parties may not be added together to determine the maximum amount of <br />liability for any party. <br />d. The intent of this subdivision is to impose on each Requesting Party a limited <br />duty to defend and indemnify a Responding Party for claims arising within the <br />Requesting Party's jurisdiction subject to the limits of liability under the laws of <br />its Home State. The purpose of creating this duty to defend and indemnify is to <br />simplify the defense of claims by eliminating conflicts among defendants, and to <br />permit liability claims against multiple defendants from a single occurrence to be <br />defended by a single attorney. <br />Page 2 of 4 <br />