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Page 3 of 4 <br />VII. Liability <br /> <br />Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. <br />466), the employees and officers of the Responding Party are deemed to be employees <br />(as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. <br /> <br />Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party <br />against any claims brought or actions filed against the Responding Party or any officer, <br />employee, or volunteer of the Responding Party for injury to, death of, or damage to the <br />property of any third person or persons, arising from the performance and provision of <br />assistance in responding to a request for assistance by the Requesting Party pursuant to <br />this agreement. <br /> <br />Under no circumstances, however, shall a party be required to pay on behalf of itself and <br />other parties, any amounts in excess of the limits on liability established in Minnesota <br />Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of <br />the parties may not be added together to determine the maximum amount of liability for <br />any party. <br /> <br />The intent of this subdivision is to impose on each Requesting Party a limited duty to <br />defend and indemnify a Responding Party for claims arising within the Requesting <br />Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. <br />The purpose of creating this duty to defend and indemnify is to simplify the defense of <br />claims by eliminating conflicts among defendants, and to permit liability claims against <br />multiple defendants from a single occurrence to be defended by a single attorney. <br /> <br />Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any <br />other Party or to any other person for failure of any party to furnish assistance to any <br />other party, or for recalling assistance, both as described in this agreement. <br /> <br /> <br />VIII. Charges to the Requesting Party <br /> <br />Subd. 1. A Responding Party to this agreement will levy no charges for assistance <br />rendered to a Requesting Party under the terms of this agreement unless that assistance <br />continues for a period of more than eight (8) hours. The Requesting Party shall <br />regardless to the length of time of the assistance, reimburse the Responding Party for <br />supplies used. If assistance provided under this agreement continues for more than eight <br />(8) hours, the Responding Party will submit to the Requesting Party an itemized bill for <br />the actual cost of any assistance provided after the initial eight (8) hour period, including <br />salaries, overtime, materials and supplies and other necessary expenses; and the <br />Requesting Party will reimburse the party providing the assistance for that amount. <br /> <br />Subd. 2. Such charges are not contingent upon the availability of federal or state <br />government <br />funds.