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services or participating in activities under this Agreement. An employee, agent, or <br /> volunteer shall be deemed to be performing services or participating in an activity <br /> hereunder when enroute to, enroute from, or at the scene of a call, emergency, or the <br /> provisions of emergency services hereunder. 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 or participating in any joint activity in accordance with this Agreement, shall be <br /> the act of the party for which the person is an employee, agent, or volunteer. The <br /> payment of any and all civil or other liability, including the payment of reasonable <br /> attorney's fees and costs of litigation, resulting from the furnishing of services or <br /> participation in any joint activity under this Agreement is the responsibility of the <br /> individual party performing such acts. The parties agree that the assignment of liability <br /> described in this paragraph is intended to be different than liability otherwise assigned <br /> under Section 791.006 (a) of the Texas Government Code. <br /> 10) It is expressly understood and agreed that in the execution of this <br /> Agreement and contract, no party waives, nor shall be deemed hereby to waive,any right, <br /> immunity, or defense that would otherwise be available to it against claims arising in the <br /> exercise of governmental powers and functions or otherwise arising hereunder. <br /> 11) If for any reason any party is unable to carry out the terms of this <br /> Agreement or it would become unduly burdensome for any party to continue performing <br /> this Agreement, that party shall have the option to terminate this Agreement upon 90 <br /> days written notice to the officials and at the headquarters of the other parties. Any <br /> notice of termination by one party does not terminate the agreement among the remaining <br /> parties that have not also provided a written notice of termination. <br /> 12) If for any reason any one or more of the paragraphs of this Agreement are <br /> held invalid, such holding shall not affect, impair, or invalidate the remaining paragraphs <br /> of this Agreement, but shall be confined in its operations to the specific sections, clauses, <br /> or parts of the Agreement held invalid, and the invalidity of any section, sentence, clause, <br /> or parts of this Agreement. <br /> 13) This Agreement supersedes any and all other agreements, either oral or in <br /> writing between the parties hereto with respect to the subject matter hereof, and no other <br /> agreement, statement, or promise relating to the subject matter of this Agreement which <br /> is not contained herein shall be valid and binding. This Agreement can be amended <br /> provided that the amendment is in writing and signed by all parties. <br /> EXECUTED by the parties with the initial effective date of this Agreement being <br /> the date the first two parties have signed this Agreement. Thereafter, this Agreement will <br /> be effective as to any additional parties as of the date such parties sign the Agreement, <br /> each of such dates being the "Effective Date" as to the Parties having signed the <br /> Agreement. <br /> Page 4 of 5 <br />