R2008-244 AUTHORIZING PARTICIPATION ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK

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, SECTION XI: WORKERS' COMPENSATION II The Parties agree that Requesting Agency shall be responsible for payment of workers' compensation II! benefits owed to Requesting Agency's employees and that Responding Agency shall be responsible for payment of workers' compensation benefits owed to Responding Agency's employees. I SECTION XII: INSURANCE Each Party shall bear the risk of liability for its agency and its agency's employees' acts and omissions li and shall determine for itself what amount of insurance it should carry, if any. Each Party understands i and agrees that any insurance coverage obtained shall in no way limit that Party's responsibility under �i Section XIII of this Agreement to indemnify and hold the other Parties to this Agreement harmless from I such liability. SECTION XIII: INDEMNIFICATION Each Party hereto agrees to waive all claims against all other Parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a Party hereto or its personnel. Each Party requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless, indemnify and defend the Party rendering aid and its personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, worker's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the Party rendering aid shall be the sole and exclusive responsibility of the respective Party for its employees, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part ofthe Party rendering aid. SECTION XN: NON-LIABILITY FOR FAILURE TO RENDER AID The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Responding Agency prohibit response. It is the responsibility of the Responding Agency to immediately notify the Requesting Agency of the Responding Agency's inability to respond; however, failure to immediately notify the Requesting Agency of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attnbuted to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms ofthis Agreement. 6 of 9 revised 9/19/08