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<br />BAERS AGREEMENT <br />9/12/03 <br /> <br />ARTICLE 17-NEW MEMBERS <br /> <br />With the approval of the Management Committee, new members may be added to <br />BAERS. Approval for new members shall be in accordance with the following <br />procedure: <br /> <br />(a) <br /> <br />A public agency shall submit a letter of intent and application to the <br />County; <br /> <br />(b) <br /> <br />The Management Committee shall review the application to determine <br />compatibility with the scope and purpose ofBAERS. <br /> <br />Members entering under this Article shall become a party to this Joint Powers Agreement <br />and shall execute such documents as necessary, which shall be appended to this <br />Agreement. <br /> <br />ARTICLE IS-LIABILITY <br /> <br />Each party to this JP A Agreement assumes all risks associated with the use of services <br />provided by the County under Paragraph 2 of the Agreement, and will indemnify, hold <br />harmless and defend the County and all other parties to this Agreement from all claims <br />for money or damages arising from alleged errors or omissions of the County. <br /> <br />In lieu of and notwithstanding the pro rata risk allocation which might otherwise be <br />imposed between the parties pursuant to Government Code Section 895.6, the parties <br />agree that all losses or liabilities incurred by a party shall not be shared pro rata but <br />instead the County and each Member of this Joint Powers Agreement agree that pursuant <br />to Government Code Section 895.4, each of the parties hereto shall fully indemnify and <br />hold each of the other parties, their officers, board members, employees and agents, <br />harmless from any claim, expense or cost, damage or liability imposed for injury (as <br />defined by Government Code Section 810.8) occurring by reason of negligent acts or <br />omissions or willful misconduct of the indemnifying party, its officers, board members, <br />employees or agents, under or in connection with the use by a party of any services or <br />data provided under this Agreement. No party, nor any officer, board member, <br />employee or agent thereof shall be responsible for any damage or liability occurring by <br />reason of negligent acts or omissions or willful misconduct of other parties hereto, their <br />officers, board members, employees or agents, under or in connection with or arising out <br />of the use by a party of any services or data provided under this Agreement. <br /> <br />10 <br />