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2. Response to request. Upon the request for assistance from a Requesting Party, <br />the Responding Official may authorize and direct his/her party's personnel to <br />provide assistance to the Requesting Party. This decision will be made after <br />considering the needs of the responding party and the availability of resources. <br />3. Recall of Assistance. The Responding Official may at any time recall such <br />assistance when in his or her best judgment or by an order from the governing <br />body of the Responding Party, it is considered to be in the best interests of the <br />Responding Party to do so. <br />4. Command of Scene. The Requesting Party shall be in command of the mutual <br />aid scene. The personnel and equipment of the Responding Party shall be under <br />the direction and control of the Requesting Party until the Responding Official <br />withdraws assistance. <br />Workers' compensation <br />Each party shall be responsible for injuries or death of its own personnel. Each party will <br />maintain workers' compensation insurance or self-insurance coverage, covering its own <br />personnel while they are providing assistance pursuant to this agreement. Each party <br />waives the right to sue any other party for any workers' compensation benefits paid to its <br />own employee or volunteer or their dependants, even if the injuries were caused wholly <br />or partially by the negligence of any other party or its officers, employees, or volunteers. <br />Damage to equipment <br />Each party shall be responsible for damages to or loss of its own equipment. Each party <br />waives the right to sue any other party for any damages to or loss of its equipment, even <br />if the damages or losses were caused wholly or partially by the negligence of any other <br />party or its officers, employees, or volunteers. <br />Liability <br />1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), <br />the employees and officers of the Responding Party are deemed to be employees <br />(as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. <br />2. The Requesting Party agrees to defend and indemnify the Responding Party <br />against any claims brought or actions filed against the Responding Party or any <br />officer, employee, or volunteer of the Responding Party for injury to, death of, or <br />damage to the property of any third person or persons, arising from the <br />performance and provision of assistance in responding to a request for assistance <br />by the Requesting Party pursuant to this agreement. <br />Under no circumstances, however, shall a party be required to pay on behalf of <br />itself and other parties, any amounts in excess of the limits on liability established <br />in Minnesota Statutes Chapter 466 applicable to any one party. The limits of <br />liability for some or all of the parties may not be added together to determine the <br />maximum amount of liability for any party. <br />2 <br />