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9.4 Liability to Third Parties. The term "third party"means any person, firm or entity
<br /> other than the Parties hereto. With regard to the Mutual Aid and Automatic Aid provided
<br /> hereunder, each Party shall be responsible for all liability arising from or related to the
<br /> negligent acts or willful misconduct of that Party, its officers, officials, employees, volunteers
<br /> and/or agents which causes damage to third parties, to the extent and in proportion that
<br /> such liability is caused by the negligent acts or willful misconduct of that Party, its officers,
<br /> officials, employees, volunteers and/or agents. Notwithstanding the foregoing, nothing in
<br /> this Agreement is intended to create a cause of action or standing in favor of third parties to
<br /> initiate legal claims of any nature against any Party.
<br /> 9.5 Cross Indemnification. To the extent permitted by law, each.Party agrees to
<br /> indemnify, defend and hold harmless the other Parties, their officers, officials, employees,
<br /> volunteers and/or agents from any and all claims, demands, causes of action, lawsuits,
<br /> costs, including attorneys' fees, losses,judgments, awards or liabilities to any third party,
<br /> arising out of the negligent acts or willful conduct of the indemnifying Party, its officers,
<br /> officials, employees, volunteers and/or agents in connection with the performance of this
<br /> Agreement.
<br /> 9.6 Survival. The provisions of this Section shall survive the expiration or termination of
<br /> this Agreement.
<br /> SECTION 10. INSURANCE
<br /> 10.1 For the duration of this Agreement, each Party shall maintain its own public liability and
<br /> property damage insurance or be self insured against claims for injuries to persons or damage
<br /> to property which may arise from or in connection with the performance of this Agreement by
<br /> its officers, officials, employees or volunteers. The Fire Chiefs of the Parties may establish
<br /> minimum insurance requirements. It is expressly understood that no Party shall be
<br /> responsible to provide the other Party's employees with coverage required under Chapter
<br /> 41.26 RCW, as the same now exists or may be hereafter amended.
<br /> 10.2 To the extent permitted by the applicable insurance policies, each Party hereby
<br /> waives any right of subrogation against the other Parties. In this regard each Party utilizing
<br /> a self insurance retention program waives subrogation for any payment thereunder.
<br /> SECTION 11. COMPENSATION
<br /> 11.1 The Requesting Agency shall not be obligated to pay the Responding Agency for any
<br /> damage to, loss of, or any expense(s) incurred in the operation of any equipment used in
<br /> responding for aid, and for the cost incurred in connection with such requests, as long as the
<br /> Requesting Agency's negligence was not the cause of such damage, loss or expense. Except
<br /> as may be mutually agreed between any Parties hereto in a separate interlocal agreement,
<br /> each Party agrees that it will not seek compensation for services rendered under this
<br /> Agreement from another Party to the Agreement; provided, however, that the Party requesting
<br /> assistance shall attempt to obtain financial assistance from federal, state agencies or private
<br /> Parties where financial assistance is available to reimburse the Responding Agency for losses
<br /> or damages incurred in providing assistance under this Agreement. This provision shall not
<br /> limit two or more Parties, of the Agreement, from entering into an agreement in other areas or
<br /> different conditions for compensation.
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