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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 attorneys' 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 Iiability 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 joint activities under this
<br />Amendment is the responsibility of the individual or entity performing such acts to the
<br />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 party's employees. agents or volunteers while performing
<br />services or participating in activities under this Agreement. An employee. agent or
<br />volunteer shall be deemed to be performing services or participating in a joint activity
<br />when en route to, en route from or at the scene of a call, emergency, or joint activity. The
<br />parties agree that, for purposes of determining civil liability for non -party claims, the act
<br />of any person or persons while fighting fires, providing rescue services, providing first
<br />response EMS services, traveling to or from any type of emergency call or emergency
<br />scene, or in any manner furnishing services or participating in any joint activity in
<br />accordance with this Agreement, shall be the act of the party for which the person is an
<br />employee, agent or volunteer. The payment of any and all civil or other liability,
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