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applicable insurance coverage and does not constitute,or shall be construed as,a waiver by either
<br /> the District or any or all Parties of any exemptions,immunities,or limitations on liability provided
<br /> by law or of being treated as a single governmental unit as provided in Minnesota Statutes,section
<br /> 471.59,subdivision la The District's obligation under this section shall survive the termination
<br /> of this Agreement.
<br /> Subdivision 3. Under no circumstances shall a Party be required to pay on behalf of itself
<br /> and other Parties,any amounts in excess of the limits on liability established in Minnesota Statutes,
<br /> Chapter 466, applicable to any other Party. The limits of liability for some or all of the Parties
<br /> may not be added together to determine the maximum amount of liability for any Party. Nothing
<br /> herein shall be construed to provide insurance coverage or indemnification to an officer,employee,
<br /> or volunteer of any Party for any act or omission for which the officer,employee,or volunteer is
<br /> guilty of malfeasance in office,willful neglect of duty,or bad faith.
<br /> Subdivision 4. To the fullest extent penpittoi by law,this Agreement and all actions and
<br /> activities carried out hereunder are intended to be and shall be construed as a"cooperative activity"
<br /> and it is the intent of the Parties that they,together with the District, shall be deemed a"single
<br /> governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section
<br /> 471.59, subd. la,provided further that for purposes of that statute,each Party to this Agreement
<br /> expressly declines responsibility for, the acts or omissions of another Party. The Parties to this
<br /> Agreement are not liable for the acts br omissions of another Party to this Agreement except to the
<br /> extent they have agreed in writing to be responsible for the acts or omissions of the other Parties.
<br /> In addition to the foregoing,nothing herein shall be construed to waive or limit any exemption or
<br /> immunity from,or limitation on,liability available to the Parties,whether set forth in Minnesota
<br /> Statutes,Chapter 466 or otherwise.
<br /> Subdivision 5. In the event that is determined, by Court Order or by agreement of all
<br /> Parties, that an excess or uninsured liability is the responsibility of all Parties, such excess or
<br /> uninsured.liability shall be home by the Parties in} oportion to their population. This does not
<br /> include the liability of anyindividual officer,employee,or volunteer which arises from his or her
<br /> own malfeasance, willfiil,neglect of duty, or bad faith. If a Party has procured or extended
<br /> insurance coverage pursuant to Minn. Stat. §§ 466.06 or 471.981 in excess of the limits on
<br /> governmental liability under section 466.04, subdivision 1, covering participation in this
<br /> Agreement,the procurement of that insurance constitutes a waiver of the limits of governmental
<br /> liability for that governmental Unitonly to the extent that valid and collectable insurance or self-
<br /> insurance, including, where applicable, proceeds from the Minnesota Guarantee Fund, exceeds
<br /> those limits and covers that Party's liability for the claim,if any.
<br /> ARTICLE XIX
<br /> INSURANCE
<br /> Subdivision 1. The District shall obtain and maintain at all times during the term of this
<br /> Agreement commercial general liability(CGL),directors and officers,public officials errors and
<br /> omissions, property insurance for contents and mobile and miscellaneous equipment, openstrict y,,
<br /> and auto insurance and such other insurance as it or the Parties deem necessary for the Di
<br /> to
<br /> fully indemnify the District,the Board,and the Parties for actions or omissions of the District,the
<br /> Joint Powers Agreement to Provide Fire Services Page 16 of 23
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