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<br /> . <br /> lifE <br /> -6- <br /> 5. DISPATCHING <br /> The City will provide EMS dispatcher services at all times. <br /> The City dispatchers will log all emergency calls as required by the <br /> Texas Department of Health. <br /> 6. CITY AND COUNTY PAYMENTS TO EMS <br /> The City and the County each will provide quarterly payments to <br /> EMS in an amount equal to fifty percent (50%) of the difference between <br /> the reasonable operating expenses and capital needs of EMS, as <br /> determined by the City and the County, and the net patient revenues and <br /> revenues from other sources received by EMS. EMS agrees that all of <br /> its records, business, financial and otherwise not deemed confidential <br /> by law, will be available at all times for inspection by the City and <br /> the County. . <br /> 7. INDEMNIFICATION <br /> 7.01. To the full extent permitted by law, EMS will hold harmless, <br /> indemnify, and defend the City and the County, and their officers, <br /> agents and employees, from and against all claims, demands, <br /> liabilities, damages, costs, suits, losses, liens, expenses, causes of <br /> action, suits, judgments, and fees (including court costs, attorney's <br /> and expert witness fees, and costs of investigation), of any nature, <br /> kind, or description arising out of, or alleged to have arisen out of <br /> the provision of services hereunder. <br /> 7.02. This obligation does not apply to liabilities resulting solely <br /> from the gross negligence or willful misconduct of an indemnitee. <br /> 7.03. The City and the County will promptly advise EMS in writing of <br /> any action, administrative or legal proceeding or investigation as to <br /> which this indemnification may apply, and EMS will assume the defense <br /> thereof with counsel satisfactory to the City and the County; provided, <br />I I <br /> I <br />