Requesting Party. A Requesting Party agrees to defend and indemnify a Providing Party against any claims brought or actions filed against a Providing Party or any officer, employee, or volunteer of a 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. For purposes of determining total liability for damages pursuant to Minnesota Statute § 471.59, 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 Statute § 466.01, subdivision 1. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Providing Party for claims arising within a 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. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to the other Parties, 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 Federal benefits to personnel who respond or render Assistance pursuant to an Emergency request and sustain injury or death in the course of, and arising out of, their employment and response or Assistance under this Agreement. A Providing Party shall not be responsible for any injuries, damages or losses arising from the acts or omissions of personnel of a Requesting Party and its officers, employees, agents, and assigns.
Appears in 1 contract
Sources: Mutual Aid Agreement
Requesting Party. A Requesting Party agrees to defend and indemnify a Providing Party against any claims brought or actions filed against a Providing Party or any officer, employee, or volunteer of a 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. For purposes Under no circumstances, however, shall a Party be required to pay on behalf of determining total liability for damages pursuant to Minnesota Statute § 471.59, the Parties are considered a single governmental unit itself and the total liability other Parties, any amounts in excess of the Parties shall not exceed the limits on governmental liability established in Minnesota Statutes §466 applicable to any one Party. The limits of liability for a single governmental unit as specified in Minnesota Statute § 466.01, subdivision 1any or all Parties may not be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Providing Party for claims arising within a 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. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to the other Parties, 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 Federal benefits to personnel who respond or render Assistance pursuant to an Emergency request and sustain injury or death in the course of, and arising out of, their employment and response or Assistance under this Agreement. A Providing Party shall not be responsible for any injuries, damages or losses arising from the acts or omissions of personnel of a Requesting Party and its officers, employees, agents, and assigns.
Appears in 1 contract
Sources: Mutual Aid Agreement