08.02 Crow Wing County Joint Powers Agreement for Inter-City Emergency Mutual Aid

Home Browse Search

4.2 Indemnification and Defense.The Requesting Party agrees to defend and indemnify the Responding Party against any ciaims brought or actions filed against the Responding Party or any o�cer,employee, or volunteer 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 provisions of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. 4.2.1 Under no circumstances,however, shall a party be required to pay on behalf of itself and other parties,any amounts,which exceed the limits,on liability established in Minnesota Statutes Chapter 466 applicable to any one party.The limits of liability for some or all the parties may not be added together to determine the maximum amount of liability for any party. 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 subject to the limits of liability under Minnesota Statute Chapter 466. The purpose of c�eating this duty to defend and indemnify is to simplify the defense of claims against multiple defendants from a single occurrence to be defended by a single attorney or a single law firm. 4.3 No Liability. No party to this Agreement nor any officer,employee,agent or official of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party,or for recalling assistance, both as described in this Agreement. 5. Charges to the Requesting Party 5.1 No charges will be levied by a Responding Party to this Agreement for assistance rendered to the Requesting Party unde�the terms of this Agreement pursuant to Section 1.1 hereof except as provided in Section 4 hereof. If assistance is provided under this Agreement pursuant to Section 1.2 hereof,the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided pursuant to Section 1.2 herein, including salaries, overtime, materials and supplies and other necessary expenses and the Requesting Party will pay the Responding Party providing the assistance that amount. 5.2 Such charges are not contingent upon the availability of federal or state government funds.