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DRAFT Comprehensive Fire Service Study MEDINA, MINNESOTA <br /> <br />Matrix Consulting Group Page 110 <br />Minnesota Statutes, section 471.59, subdivision 1a. Furthermore, for <br />purposes of Minnesota Statutes, section 471.59, subdivision 1a, each <br />Party and Member to this Agreement expressly declines responsibility <br />for the acts or omissions of the other Parties and Members. In addition <br />to the foregoing, nothing herein shall be construed to waive or limit any <br />exemption or immunity from, or limitation on, liability available to the <br />Parties or Members, whether set forth in Minnesota Statutes, chapter <br />466 or otherwise. <br /> <br />c. The Organization shall hold the Parties and Members harmless, <br />individually and collectively, and will defend and indemnify the Parties <br />and Members, their officers, employees, and agents, for any claims, <br />suits, demands or causes of action for any damages or injuries based <br />on allegations of negligence or omissions by t he Organization. The <br />Organization’s duty to indemnify will be limited to its applicable <br />insurance coverage and does not constitute, or shall be construed as, a <br />waiver by either the Organization or any or all Parties or Members of any <br />exemptions, immunities, or limitations on liability provided by law or of <br />being treated as a single governmental unit as provided in Minnesota <br />Statutes, section 471.59, subdivision 1(a). The Organization’s obligation <br />under this section shall survive the termination of this Agreement. <br /> <br />d. Under no circumstances shall a Party or Member be required to pay on <br />behalf of itself and other Parties or Members, any amounts in excess of <br />the limits on liability established in Minnesota Statutes, Chapter 466, <br />applicable to any other Party or Member. The limits of liability for some <br />or all of the Members may not be added together to determine the <br />maximum amount of liability for any Member. <br /> <br />e. The Parties and Members to this Agreement are not liable for the acts <br />or omissions of the others except to the extent to which they have <br />agreed in writing to be responsible for the acts or omissions of the other <br />Parties or Members. <br /> <br />f. If a Member has procured or extended insurance coverage pursuant to <br />Minn. Stat. §§ 466.06 or 471.981 in excess of the limits on governmental <br />liability under section 466.04, subdivision 1, covering participation in this <br />Agreement, the procurement of that insurance constitutes a waiver of the <br />limits of governmental liability for that governmental unit only to the extent <br />that valid and collectable insurance or self-insurance, including, where <br />applicable, proceeds from the Minnesota Guarantee Fund, exceeds those