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6) All equipment used by a participating party while participating in any
<br /> activity under this Agreement will, at the time of action, be owned by it or authorized for
<br /> its use, and all personnel acting for the participating party will, at the time of such action,
<br /> be an authorized employee, agent, or volunteer of that Department.
<br /> 7) It is expressly understood and agreed that each party, at the time of
<br /> participating in any activity under this Agreement is solely responsible for its actions and
<br /> the actions of its employees, agents, or volunteers acting hereunder. It is the intent of this
<br /> Agreement that each party is only responsible for its acts or omissions and not the acts or
<br /> omissions of the other department, its employees, agents or volunteers, and each agrees,
<br /> to the extent permitted by law, to indemnify and hold harmless the other, for any costs
<br /> and expenses, as necessary, including reasonable attorney's fees and costs of litigation,to
<br /> enforce the intent hereof in the event of any claims or litigation in relation to any
<br /> activities undertaken by the party under this Agreement. Specifically citing Texas
<br /> Government Code Section 791.006 (a-1), the Parties agree that, for purposes of
<br /> determining civil liability for non-Party claims, the act of any person or persons while
<br /> fighting fires, providing rescue services, providing first response EMS services, traveling
<br /> to or from any type of emergency call or emergency scene, or in any manner furnishing
<br /> services in accordance with this Agreement, shall be the act of the Party performing such
<br /> act. The payment of any and all civil or other liability, including negligence, resulting
<br /> from the furnishing of services under this Agreement is the responsibility of the
<br /> individual Party performing such acts. This shall specifically include, but not be limited
<br /> to, the payment of court costs, expenses, and attorney's fees resulting from any such
<br /> claim or lawsuit. The Parties agree that the assignment of liability described in this
<br /> Section is intended to be different than liability otherwise assigned under Section 791.006
<br /> (a) of the Texas Government Code. This section does not waive, add to, or change the
<br /> immunities or limitations on liability available to any party hereto under the Texas Tort
<br /> Claims Act or other applicable statute, law, rule, or regulation.
<br /> 8) It is expressly understood and agreed that pursuant to the Texas Tort
<br /> Claims Act, and other applicable statutes, laws, rules, or regulations, any Requesting
<br /> Department will not be held liable for the actions or omissions of any Responding
<br /> Department or its employees, agents, or volunteers while the Responding Department is
<br /> engaged in providing requested service outside its jurisdiction at the request of a
<br /> Requesting Department hereunder. Similarly, no party will be held liable for the actions
<br /> or omissions of any other party or its employees, agents, or volunteers while participating
<br /> in any other joint activities under this Agreement. The payment of any and all civil or
<br /> other liability, including the payment of reasonable attorney's fees and costs of litigation,
<br /> resulting from the furnishing of services or participation in any activities under this
<br /> Agreement is the responsibility of the individual or entity performing such acts to the
<br /> fullest extent allowed by law.
<br /> 9) Each party shall be responsible for injuries or death to its employees,
<br /> agents, and volunteers while performing services or participating in any activities under
<br /> this Agreement. A party shall not be liable for benefits or any other compensation for
<br /> injuries to or death of the other parry's employees, agents, or volunteers while performing
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