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2.5. ERMUSR 05-14-2013
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2.5. ERMUSR 05-14-2013
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5/29/2013 12:07:53 PM
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every kind, nature, and description, directly or indirectly arising from the Responding Party's <br /> Assistance during the Period of Assistance. The scope of the Receiving Party's duty to indemnify <br /> includes, but is not limited to, suits arising from, or related to, negligent or wrongful use of <br /> equipment or supplies-on loan to the Receiving Party, or faulty workmanship or other negligent <br /> acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be <br /> required to defend and indemnify the Responding Party for any willful or wanton misconduct of <br /> the Responding Party or its officer, employees, volunteers or agents. Under no circumstances, <br /> however, shall a party be required to pay on behalf of itself and other parties, any amounts in <br /> excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to any <br /> one party. The intent of this article is to impose on each Receiving Party a limited duty to defend <br /> and indemnify a Responding Party for claims arising within the Receiving Party's jurisdiction <br /> subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating <br /> this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts <br /> among defendants and to permit liability claims against multiple defendants from a single <br /> occurrence to be defended by a single attorney. <br /> The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the <br /> conditions set forth in Article X. <br /> ARTICLE IX DAMAGE TO <br /> EQUIPMENT <br /> Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives <br /> the right to sue any other Party for any damages to or loss of its equipment, even if the <br /> damages or losses were caused wholly or partially by the negligence of any other Party or its <br /> officers, employees, or volunteers. <br /> ARTICLE X WORKERS' <br /> 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 personnel <br /> while they are providing Assistance pursuant to this Agreement. Each Party waives the right to <br /> sue another Party for any workers' compensation benefits paid to its own personnel while they <br /> are providing Assistance pursuant to this Agreement. Each Party waives the right to sue <br /> another Party for any workers' compensation benefits paid to its own employee or volunteer or <br /> their dependents, even if the injuries were caused wholly or partially by the negligence of <br /> another Party or its officers, employees or volunteers. <br /> ARTICLE XI <br /> INSURANCE <br /> Parties to this Agreement shall maintain the following liability coverages: (1) commercial general <br /> liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each <br /> policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, <br /> subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be <br /> less than double the maximum municipal liability limit in Section 466.04, subd. 1. <br /> 8 <br />
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