4.6 SR 09-05-2023 - Laserfiche WebLink

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C.) The response personnel of a Providing Party shall follow the policies and procedures of the Providing Party and will be under the Providing Party’s supervisor. D.) Assets and equipment of a Providing Party shall remain under the control of the Providing Party but shall be under the operational control of the requesting Party. VIII. Term of Agreement This Agreement shall be in full force and effect from July 1, 2023, through July 1, 2043, subject to Section XV Withdrawal of Party/Termination of Agreement. IX. Liability and Indemnification For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of a Providing Party are deemed to be employees (as defined in Minnesota Statues, §466.01, Subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Providing Party against any claims brought or actions filed against the Providing Party or any officer, employee, or volunteer of the Providing Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. For purposes of determining total liability for damages pursuant to Minnesota Statutes, § 471.59, subd. 1a(b), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, § 466.04, subd. 1. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify the Providing Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of 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. Neither Party to this Agreement or any officer of any Party shall be liable to the other Party or to any other person for failure of any Party to furnish Assistance to the other Party, or for recalling Assistance, both as described in this Agreement. Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or 3