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6.1.E. - PageS <br /> B. City shall be solely responsible for payment of all salary, benefits, workers' <br /> compensation and insurance for the designated Training Officer and the <br /> designated Training Officer shall be considered an employee of City for all <br /> supervisory, disciplinary and other employment related purposes. In the <br /> event that the City eliminates the Training Officer's classification and does <br /> not replace it with a similar classification, this Agreement shall be <br /> terminated pursuant to the terms of Section 17, Termination. <br /> 6. Not a Joint Venture or Joint Powers Authority_ The parties intended by <br /> this Agreement to establish only an Agreement for contract Training Officer services, and <br /> do not intend to create a joint powers agency, partnership, joint venue, joint enterprise, or <br /> special relationship of any kind. <br /> 7. Waiver. No failure on the part of either party to exercise any right or <br /> remedy hereunder shall operate as a waiver of a breach or default under this Agreement <br /> is effective unless made in witting and signed by both agencies. <br /> 8. Amendment. No modification, waiver, mutual termination, or amendment <br /> of this Agreement is effective unless made in writing and signed by both agencies. <br /> 9. Indemnification. <br /> A. When the designated Training Officer is performing duties as City's Training <br /> Officer, City is responsible for the costs of defense and any liability arising out <br /> of those services (including any workers compensation liability Fire JPA may <br /> incur as a result of injury to designated Training Officer suffered while <br /> performing duties as City's designated Training Officer). In the event of a <br /> dispute as to whether applicable law requires City to provide indemnity and a <br /> defense to the designated Training Officer, such dispute shall be resolved <br /> between City and the designated Training Officer and City shall indemnify and <br /> defend Fire JPA from and against any obligation to defend and indemnify the <br /> designated Training Officer that may otherwise be required of Training Officer <br /> by virtue of this Agreement. <br /> B. When the Training Officer is performing duties as Fire JPA's Training Officer, <br /> Fire JPA is responsible for the costs of defense and any liability arising out of <br /> those services to the extent required by applicable law. In the event of a <br /> dispute as to whether applicable law requires Fire JPA to provide indemnity <br /> and a defense to the designated Training Officer, such dispute shall be <br /> resolved between Fire JPA and the designated Training Officer and Fire JPA <br /> shall indemnify and defend City from and against any obligation to defend and <br /> indemnify the designated Training Officer that may otherwise be required of <br /> City by virtue of this Agreement. <br /> ATTY/AGR/2011. 041 Belmont SC Fire Training Officer <br /> 051311 3 <br />