08.01 - Cuyuna Range Fire Service Mutual Aid Agreement

Home Browse Search

(b) Damage or loss of its own equipment, the coverage of such policies extending to accidents which may occur while the said Parties' fire department is engaged in the performance of duties under this Agreement out of the service area of said Party. Each Party waives the right to sue any other Party for any damages to or loss of its own equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. (c) Each member Party should provide a certificate or other proof of said insurance to the Secretary annually. ARTICLE 7. LIABILITY Subd. 1. No Party to this Agreement nor any officer or employee of any Party shall be liable to any other Party or to any person on account of failure of any Party to this Agreement to furnish Assistance to any other Party, or on account of recall, both as described in Article 5. Subd. 2. The Requesting Party agrees to indemnify and defend the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to property of third persons, arising out of the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. The intent of the indemnification requirement of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify any Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits of the liability under Minnesota Statutes Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify, is to simplify the defense of liability 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. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466, and applicable to only one Party. The limits of liability for some or all Parties may not be added together to determine the maximum amount of liability for any Party. ARTICLE 8. SUBSIDY This Agreement shall not be construed as a fire protection subsidy, either `.. direct or indirect, by any Party to this Agreement.