Agmt 2014 California Water Wastewater Agency Response Network CalWARN

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CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members 1 ARTICLE XVIII. 2 SEVERABILITY 3 4 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 5 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be 6 affected, and the rights and obligations of the parties shall be construed and enforced as if the 7 Agreement did not contain the particular term or provision held to be invalid. 8 9 10 ARTICLE XIX. 11 PRIOR AGREEMENTS 12 13 To the extent that prior agreements among signatories to this Agreement for mutual assistance 14 are inconsistent with this Agreement, such agreements are hereby superseded. This 15 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus 16 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 17 18 19 ARTICLE XX. 20 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES 21 22 This Agreement is for the sole benefit of the Members and no other person or entity has rights 23 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of 24 duties created by this Agreement to third parties that are not Members is prohibited and without 25 effect. 26 27 28 ARTICLE XXI. 29 TORT CLAIMS 30 31 This Agreement in no way abrogates or waives any immunity or defense available under 32 California law. 33 34 35 ARTICLE XXII. 36 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 37 38 To the extent practicable, Members retain the right to participate in mutual aid and assistance 39 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 40 Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar 41 programs. 42 43 44 45