2022.05.16 CC Packet - Laserfiche WebLink

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2 5. Command of Scene. The first arriving Party will establish command. Subsequently, command may be transferred as mutually agreed. 6. Workers Compensation. Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue the other Party for any workers’ compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers or employees. Each Party’s employees shall be considered employees of that Party and not of the other Party. 7. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party or its officers, employees or volunteers. 8. Liability. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer or employee, of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Responding Party pursuant to this Agreement. In the case in which automatic assistance is provided, each Party shall be responsible for any claims or actions filed against its own officers or employees, arising from the performance and provision of assistance pursuant to this Agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other Party, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one Party. The limits of liability for both of the Parties may not be added together to determine the maximum amount of liability for one Party. Neither Party waives any immunities or limits on liability it enjoys under Minnesota Statutes or common law The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party’s jurisdiction. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Neither Party to this Agreement nor any officer of either Party shall be liable to the other Party or to any other person for failure of either Party to furnish assistance to the other Party, or for recalling assistance, both as described in this Agreement.