06-13-2005 Council Packet - Laserfiche WebLink

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5. Orono Not Responsible for Expenses. All expenses of maintaining Wayzata's equipment, apparatus, salaries, insurance premium and any and alt other items of expenses connected with the services to be performed by Wayzata under this agreement shall be at the sole expense of Wayzata, and the sole amounts payable from Orono to Wayzata shall be the amount specified above in paragraph 3. 6. Nature of Wavzata's Undertaking. In no event shall this agreement be construed to fix upon Wayzata any responsibility or liability to Orono or to third parties which are greater or different in kind than the responsibilities and liabilities borne by Orono if it were providing such services through its own fire department. Without limiting the generality of the foregoing, the Fire Chief of Wayzata or his deputy will have the sole discretion as to the firefighters and equipment that will answer each alarm, provided that protection will be reasonable considering available firefighters and equipment, and it shall not be a violation of this agreement nor shall Wayzata be held responsible to Orono or to a third party for any loss which may result in the event Wayzata, in the exercise of reasonable judgment, and absent Wayzata's gross negligence, is unable to respond or to respond promptly or to respond with only limited firefighters and equipment, or is delayed in responding to a call by reason of answering a previous call. Orono agrees that it will indemnify Wayzata for any judgment rendered against Wayzata or sums paid out by it in settlement, payment or defense of any such claims arising from and relating solely to such claims of improper or inadequate response to calls. 7. Extension. This agreement may be extended for successive terms of one year upon the mutual written assent of both parties entered into prior to the expiration of the then current term. 8. Further Undertakings bv Wavzata. Wayzata agrees that it will indemnify Orono for any judgment rendered against Orono or sums paid out by it in settlement, payment or defense of any claims arising from or relating to personal injury, property damage or death caused by grossly negligent or intentional acts of Wayzata committed in the course of Wayzata's providing fire senrices to Orono. Wayzata agrees to maintain insurance covering its possible exposure to liability under this paragraph 8 in amount and types of coverage described in the Appendix to this agreement. 9. Agents and Employees. No voluntary fire fighter, agent, employee or official of Wayzata shall at any time or in any manner be deemed to be a voluntary fire fighter, agent, employee or official of Oronc by reason of the performance of work or the providing of services for or on behalf of, or within the territorial limits of, the Ci*;' of Orono. 10. Assignment. This Agreement may not be assigned by either party hereto without the other's prior written consent. 11 . Amendment. This Agreement embodies the entire agreement between Orono and Wayzata with respect to the subject matter hereof, and all prior discussions. I