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<br />STEGE SANITARY DISTRICT
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<br />5105244697
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<br />P.06
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<br />and description, directly or indirectly arising from the BORROWER'S work hereunder, including, but not limited to,
<br />negligent or wrongful use of .equipment, supplies or personnel on loan to BoRROWER, or faulty workmanship.iJf
<br />other negligent acts, errors or omissions by BORROWER or by personnel on 10;;30 to BORROWER from the time
<br />assistance is requested arid rendered until the assistance is returned to LENDER'S control, portal to portal.
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<br />Each party: hereto shall give to the others prompt and timely written notice of any claim made or any suit
<br />instituted. coming toit~ knowledge, which in any way, directly or indirectly, contingently or otherwi$e, affects or
<br />might affect them, and each shall have the right to participate in the defense of the same to the extent of its
<br />own interest.
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<br />Article X - LiABILITY FOR JOINING. In the event of a liability, claim, demand, action or proceeding- of whatever
<br />kind or nature arising outef the rendering of assistance through this mutual aid Agreement, the parties
<br />involved in rendering or receiving assistance agree to indemnify and hOld harmless, to the fullest extent ofthe
<br />law,e9ch signatory to this mutual aid Agreement, whose only involvement in the transé;1ctionor occurrence
<br />Which is the subject of such claim, action, demand or other proceeding, is the execution and approval of this
<br />Agreement. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs,
<br />including reasonable attorneys' fees and other costs of defense, for personal injury and property damage.
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<br />Articl.eXI - WORKêR'S COMPENSATION AND EMPLOYEE CLAIMS. Each Party to this agreement represents,
<br />warrants, convenants and agrees to and with the other parties that it now has in effect and will at all times
<br />while the party ¡sa participant in \NINARN and a party to this Agreement maintain in full force and effect
<br />poliQies of insurance or other coverage for worKer's compensation risks arising out of Its particìpé;1tion in
<br />V\MIARNand this Agreement, such coverage to be in accordance with the requirements of California Law.
<br />LENDER'S employee!5, officers or agents, made available to BORROWER shall, except as otherwise provided
<br />under Labor Code sections 3600.2 through 3600.6, be considered to be the special employ.ees of BORROWER
<br />and thegener~lemployee$of LENDER (as defined in Insurance Code 11663) while engaged incanying Ol,.lt
<br />duties, functions, or activities pursuant to the Agreement. Unless otherwise agreed upon in writing by the
<br />LENDER and the BORROWER, the BORROWER shall, pursuant to Labor Code Section 3602, secure worker's
<br />cpmpensation benefits for the employees of the LENDER in addition to the employees of the BORROWER. The
<br />BORROWER shall also defend, indemnify and hold harmless the LENDER andthe other parties to this Agre~ment
<br />from any and alllíabilitiesarising out of or related to (the BORROWER'S obligations under this Article) despite
<br />the passive neg.lígence of other member agencies, other than their sole and exclusive ne9ligence,
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<br />Þ.rtlcl~ XU - MODIFICATIONS, No provision of this Agreement may be modified, altered or rescinded by
<br />individual parties to the Agreement. Modifications to this Agreement require a simple majority vote of
<br />signatory agencies to the Agreement within each region and unanimous agreement between the regions The
<br />State Steering Committee will notify all parties of modifications to this Agreement in writing and those
<br />modifications shall be effective upon 60 days written notice to the parties.
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<br />Article XIII - REIMBURSEMENT. The BORROWER agrees to reimburse the LENDER within 60 days from rebeipt of
<br />an invoice for assistance provided under this Agreement. To the extent that the BORROWER seeks FEMA
<br />funding for any cost associated with assistance provided under this Agreement, the BORROWER may be required
<br />to have acceptable FEMA accounting practices in place at the time of the need. and to the extent that the
<br />BORROWER seeks state fi,JI1ding for any cost associated with assistance provided under this Agreement, tl16
<br />BORROWER wíllbe required t6 use the. Standardized Emergency Management System (SEMS).
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<br />Article XIV - T£RMINA TlON. This Agreement is not transferable or assignable, in whole or in part, and any
<br />party may terminate their participation in this Agreement at any time upon 60 days' written notice delivered or
<br />mailed to the appropriate.WWARN regional chairman, Any outstanding obligations incurred by a party priôr to
<br />the termination of the party's participation in the agreement will survive the termination until satisfied.
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<br />Article XV - EFFECT. Agreement shall take effect for a new party immediately upon its execution by saiçl
<br />party.
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<br />Articl~ XVI. PRIOR AGREEMENTS. To the extent that prior agreements between signatories to this Agreement
<br />are inconsistent with this Agreement, all prior agreements for mutual aid between the parties hereto are hereby
<br />P!I~0 5 of6
<br />WWARN 1997 Omnibus Mutual Aid Agreement
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