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Liability for Injury or Death to Third Parties or Properly Damage of Third Parties For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees, as defined in Minnesota Statutes, Section 466.01, subd. 6, of the Requesting Party. The Requesting Party agrees to defend and indemnify against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the pertormance and provision of Law Enforcement Assistance pursuant to the Agreement, using legal counsel reasonably acceptable to the Sending Party. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, Chapter 466, applicable to any one Party. The limits of liability for the Parties may not be added together to determine the maximum amount of liability for a Party pursuant to Minnesota Statutes, Section 471.59, subd. 1 a. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. , If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. Hennepin County Chiefs of Police Association Mutual Aid Pact _g_