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(c) The Participating Agencies acknowledge and agree that nothing within this <br /> Agreement for providing the services creates a"special relationship," as that term may defined by <br /> law, is created or established, with the otl�er agency, ar their officials, officers, etnployees, or <br /> successors, or with any third party as a result of this Agreement. Further, nothing in this <br /> Agreement is intended to or shall in any manner affect or limit the privileges or immunities or <br /> other protections accorded to Redwood City or its employees under federal law or state law or <br /> other law or to San Carlos or its employees under federal law or state law or other law. <br /> 5. Termination. <br /> Unless eadier terminated, the term of this Agreement will commence upon the date first above <br /> written and shall expire on , 2016. This Agreement may be terminated without cause by any <br /> Party upon giving written notice thereof one (1) year or more prior to September 30. The effective <br /> date shall be set forth in the notice of termination, provided however, if such effective date is not <br /> set torth in the notice of tern�ination, then in that event the effective date of termination shall be <br /> one (1) year after deliver or posing of said notice. <br /> 6. Indemnification <br /> (a) In performing services under this Agreement, the Fire Chief or designee will direct <br /> the two departments as separate entities. When the Fire Chief is directing Redwood City Fire <br /> Department activities or personnel, Redwood City is responsible for liabilities arising out of his or <br /> her services. When the Fire Chief is directing San Carlos Fire Department activities or personnel, <br /> Redwood City is responsible for liabilities arising solely out of his or her funetions or services. <br /> When the San Carlos Fire Department is performing any functions or services not directed by the <br /> Redwood City Fire Chief or designee, San Carlos is responsible for liabilities arising solely out of <br /> those functions and services. <br /> (b) When the Designated Fire Chief ar designee is directing both Participating <br /> Agencies' deparfinents or employees and in the event that San Carlos and Redwood City are <br /> concurrently negligent and are proximate causes of the alleged injury or damage giving rise to the <br /> claim, then the liability of any and all sudi claims for injuries or damages shall be apportioned <br /> under California's law of comparative negligence. <br /> (c) Other than expressly provided for in Section 7(a) in this Agreement, no <br /> Parficipating Agency shall be responsible for the acts or omissions of the other Participating <br /> Agency's officers or employees, nor shall any Participating Agency incur any liability arising out <br /> of the services of any other Participating Agency's officers or employees. Accordingly, the <br /> Participating Agencies hereby expressly agree to waive the pro rata risk allocation contained i�� <br /> Government Code section 895.6. <br /> 7. Insurance. <br /> Consultant sliall obtain and maintain for the duration of the Agreement and any and all <br /> amendments, insurance or an equivalent tl�rough a pooled risk group mutually acceptable to the <br /> Participating Members against claims for injuries to persons or damage to property which may <br /> arise out of or in connection with performance of the services under this Agreement. <br /> ATTYIAGR/2011.049/SAN CARLOS FIRE <br /> 061611 <br /> 3 <br />