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STEGE SAHITAR¥ DISTRICT 510524469? P. 06
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<br />and description, dim(:tly or indirectly arising ~rom the BORROWER'S work hereunder, inciuciing, but not limited to,
<br />negligent or wrongful use of equipment, supplies or personnel on loan to ~3RROVVER, or faulty workmanshi1~ or
<br />other necjligent acts,, errors or'omissions by BORROWER or by personnel on loan to I~ORROVV~.R from the time
<br />assistance is requested and rendered until the assistance is returned to LENDER'S control, portal to portal.
<br />Each party., hereto shall give to the others prompt and timely wdtten notice of any claim made or any suit
<br />instituted coming to its knowledge, which in any way, directly or indirectly, contingently or otherwise, affects or
<br />might affect them, and each shall have the dght to participate in the defense of the same to the extent of its'.
<br />own interest.
<br />Article X - LI,~BIL~TY FOR JOINING. In the event of a liaDility, claim, demand, action or proceeding, of whatever
<br />kind or nature arising out of 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 of the
<br />law, each signatory to this mutual aid Agreement, whose only involvement in the transaction or 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 coats,
<br />including reasonable attorneys' fees and other costs of defense, for personal injury and property damage.
<br /> Article Xl - WORKER'S COMPEN..qATION AND EMPLOYEE CLAIMS. Each Party to this agreement represents~
<br /> warrants, convenanfs and agrees to and with the other parties that it now has in effect and will at all times ~-
<br /> willie the' party isa participant In WWARN and a party to this Agreement maintain in full force and effect
<br /> polic~ies of' insurance or other coverage for worl~er's compensation risks arising.out of Its participation in
<br /> WVVARN and this Agreement, such coverage to be in accordance with the requirements of Califomla Law.
<br /> LENDER'S employees, officem 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 employees of BORROa~R
<br /> and the general'emPl°Yee$.of LENDER (as defined in Insurance Code 11663) while engaged in carrying out .'
<br /> duties, functions, or activities pursuant to the Agreement. Unless othenvise agreed upon in writing by the
<br /> LENDER and the BORROWER, the BORROWER shall, pursuant to Labor Code Section 3802, secure worker's
<br /> compensation benefits for the employees, of the LENDER in addition to the employees of the BORROWER. The
<br /> E~)RROWER shall also defend, indemnify and hold harmless the LENDER and the other parties to this Agreement
<br /> from any' and alt liabilities arising out of or related to (the {~ORROWER'S obligations under this Article) despite
<br /> the passive negligence of other member agencies, other than their sole and exclusive negligence.
<br /> Al~l¢le Xll - MODIFICATIONS, NO provision ~-tfliS 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 wdtten notice to the paves.
<br /> Article XIII - REIMBURSEMENT, The BORROWER agrees to reimburse the LENDER within 60 days from rece,~t of
<br /> an invoice for assistance provided under this Agreement. To the extent that the BORROWER seeks FEMA
<br /> funding for any cost.~ with assis~ provide(I under this Agreement, the BORROWER'may be required
<br /> to have acceptaDle FE!~ aCCOunting practices in place at the time of the need. and to the extent that the
<br /> BORROWER seeks state fljn¢l~ for any cost associated with assistance provided under this Agreement the.
<br /> BORROWER will be required to use the Standardized Emergency Management System (SEMS).
<br /> Article XlV - TERMINATION. This Agreement is not transferable or assignable, in whole or in part, and any.-
<br /> ' ~3arty may terminate their pa~Jcipation in this Agreement at any time upon 60 days' written notice delivered, or
<br /> mailed to the appropriate..W~NARN regional chairman. Any outstanding obligations incurred by a party prior to
<br /> the termination of the party's participation in the agreement will survive the termination until satisfied.
<br /> Article XV - EFFECT. Agreement shall take effect for a new party immediately upon its execution by said
<br /> party.
<br /> Article AVl - PRIOR AGREEMENTS. TO the extent that pdor 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 /> Paso 5 of 6
<br /> WWARN 1997 Omnibus ~vtutual Aid Ai~-eement
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