Agmt 2014 California Water Wastewater Agency Response Network CalWARN

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CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members ARTICLE IX. 1 REQUESTING MEMBER’S DUTY TO INDEMNIFY 2 3 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member 4 shall assume the defense of, fully indemnify and hold harmless Responding Member, its 5 Directors, Council Members, Supervisors, officers and employees, from all claims, loss, 6 damage, injury and liability of every kind, nature and description, directly or indirectly arising 7 from the Requesting Member’s work hereunder, including, but not limited to, negligent or 8 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty 9 workmanship or other negligent acts, errors or omissions by Responding Member, or by 10 personnel provided to Requesting Member from the time assistance is requested and 11 rendered until the assistance is returned to Responding Member’s control, portal to portal. 12 13 14 ARTICLE X. 15 SIGNATORY INDEMNIFICATION 16 17 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature 18 arising out of the rendering of assistance through this Agreement, the parties involved in 19 rendering or receiving assistance agree to indemnify and hold harmless all Members whose 20 only involvement is the execution and approval of this Agreement, in the transaction or 21 occurrence which is the subject of such claim, action, demand or other proceeding. Such 22 indemnification shall include indemnity for all claims, demands, liability, damages and costs, 23 including reasonable attorneys' fees and other costs of defense, for injury, property damage 24 and workers compensation. 25 26 27 ARTICLE XI. 28 WORKER’S COMPENSATION CLAIMS 29 30 The Responding Member is responsible for providing worker’s compensation benefits and 31 administering worker’s compensation for its employees. The Requesting Member is 32 responsible for providing worker’s compensation benefits and administering worker’s 33 compensation for its employees. 34 35 36 ARTICLE XII. 37 NOTICE 38 39 Each party hereto shall give to the others prompt and timely written notice of any claim 40 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, 41 contingently or otherwise, affects or might affect them, and each Member shall have the 42 right to participate in the defense of the same, as it considers necessary to protect its own 43 interests. 44 45 46