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3 <br />receiving state or federal funds. <br />2. It is the express understanding of the Parties that the first priority of the Responding Party’s fire department <br />personnel is to provide fire protection within its respective jurisdiction. It is understood that the assistance <br />contemplated in this Agreement shall be provided only if the fire department personnel requested to provide <br />assistance can provide such assistance without jeopardizing the fire protection services within its respective <br />jurisdiction. <br /> <br />3. This Agreement is intended to authorize requests for assistance only in emergency or other specifically requested <br />situations. Nothing in this Agreement shall be construed as authorizing request for assistance for routine activities. <br /> <br />Workers’ Compensation: <br /> <br />Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ <br />compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance <br />pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers’ compensation <br />benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially <br />by the negligence of the other Party or its officers, employees, or volunteers. <br /> <br />Damage to Equipment: <br /> <br />Each Party shall be responsible for damage to its own equipment. Each party waives the right to sue any other Party for <br />any damage to its equipment, even if the damage was caused wholly or partially by the negligence of any other Party <br />or its officers, employees, or volunteers. <br /> <br />Liability: <br /> <br />1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers <br />of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting <br />Party. <br /> <br />2. The Requesting party agrees to indemnify and defend against any claims brought or actions filed against the <br />Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or <br />damage to the Party of any third person or persons, arising from the performance and provision of assistance in <br />responding to a request for assistance by the Requesting Party pursuant to this Agreement. <br /> <br />3. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any <br />amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one <br />Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum <br />amount of liability for any Party. No Party waives any immunities or limits on liability it enjoys under Minnesota <br />Statutes or common law. <br /> <br />4. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a <br />Responding Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability <br />under Minnesota Statutes, Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify <br />is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims <br />against multiple defendants from a single occurrence to be defended by a single attorney. <br /> <br />5. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person <br />for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in <br />this Agreement. <br />