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3 <br /> <br /> <br /> Section 7. Indemnification. The Requesting Party agrees to defend and indemnify <br />the Responding Party against any claims brought or actions filed against the Responding Party or <br />any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to <br />the property of any third person or persons, arising from the performance and provision of <br />Assistance in responding automatically to a building/structure fire or responding to a request for <br />Assistance by the Requesting Party pursuant to this Agreement. <br /> <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 Statutes <br />Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may <br />not be added together to determine the maximum amount of liability for any Party. The intent of <br />this Section is to impose on the Requesting Party limited duty to defend and indemnify a <br />Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits <br />of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend <br />and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and <br />to permit liability claims against multiple defendants from a single occurrence to be defended by <br />a single attorney. <br /> <br /> No Party to this Agreement or any officer of any Party shall be liable to any other Party or <br />to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling <br />Assistance, both as described in this Agreement. <br /> <br /> Section 8. Charges. No charges will be levied by the Responding Party to this <br />Agreement for Assistance rendered to the Requesting Party under the terms of this Agreement <br />unless that Assistance continues for a period of more than 12 hours. <br /> <br />a. If Assistance provided under this agreement continues for more than 12 <br />hours, the Responding Party may submit to the Requesting Party an <br />itemized bill for the cost of any Assistance provided after the initial 12 <br />hour period, including salaries, overtime, materials and supplies and other <br />necessary expenses at the rates established in the most recent Suggested <br />Equipment Standards and Hourly Rates for Fire Departments That Have <br />an Agreement with the Division of Forestry/MN/DNR; and the Requesting <br />Party shall reimburse the Responding Party providing the Assistance for <br />that amount. <br /> <br /> b. Such charges are not contingent upon the availability of federal or state <br /> government funds. <br /> <br /> Section 9. Term. This Agreement shall commence on the date executed and shall <br />continue until terminated. Any Party may withdraw from this Agreement upon thirty (30) days <br />written notice to the other Party to the Agreement. <br /> <br /> Section 10. Amendments. Any amendments to this Agreement shall be in writing and <br />signed by all Parties.