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overnight, the Borrowing Party will store the Equipment in a secure manner in its own <br />building. <br />7. If the Lending Party needs the Equipment for an emergency situation, the Equipment <br />must be returned immediately to the Lending Party. <br />8. The Parties shall provide training to each other on the safe operation of the Equipment <br />prior to its use. Only staff trained to operate the borrowed Equipment shall operate it. <br />9. The Borrowing Party shall be responsible for transporting the Equipment to and from the <br />work site unless other arrangements are made. <br />SECTION II. INSURANCE AND LIABILITY <br />1. Insurance. Each party shall maintain property and liability coverage on the Equipment <br />with its respective provider at statutory limits. <br />2. Workers' Compensation. Each party shall be responsible for injuries or death of its own <br />personnel while using the Equipment. Each party will maintain workers' compensation <br />insurance or self-insurance coverage, covering its own personnel while they are using any <br />Equipment pursuant to this Agreement. Each party waives the right to sue the other party <br />for any workers' compensation benefits paid to its own employee or their dependents, <br />even if the injuries were caused wholly or partially by the negligence of the other party or <br />its officers, employees, volunteers or agents. <br />3. Dama eg to Equipment. Each Party shall maintain its own Equipment and be responsible <br />for normal wear and tear to its own Equipment, including normal wear and tear to <br />Equipment incurred while the Equipment is on loan to the other Party. Damage to <br />Equipment beyond normal wear and tear, including damage from misuse, accident, <br />vandalism or otherwise, shall be the responsibility of the Borrowing Party if the damage <br />is incurred while the Equipment is being used by or in the possession of the Borrowing <br />Party. The Lending Party may require the Borrowing Party to have such damage beyond <br />normal wear and tear repaired, or may have the Equipment repaired itself. If the Lending <br />Party has such damage repaired, the Borrowing Party shall reimburse the Lending Party <br />for the Lending Party's out of pocket cost to have the Equipment repaired. <br />4. Liability. The Borrowing Party agrees to defend and indemnify the Lending Party <br />against any claims brought or actions filed against the Lending Party or any officer, <br />employee, or volunteer of the Lending Party for injury to, death of, or damage to the <br />property of any third person or persons, arising from the performance and sharing of <br />Equipment pursuant to this Agreement. <br />Under no circumstances, however, shall a party be required to pay on behalf of itself and <br />the other party, any amounts in excess of the limits on liability established in Minnesota <br />Statutes, Chapter 466, applicable to any one party. <br />2 <br />