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3 <br /> 4.0 Changes <br /> • <br /> 4.1 This Agreement may be modified by mutual agreement of the Participating <br /> Entities. No such amendment shall be effective until it is reduced to writing and <br /> signed by all Participating Entities with the same formality as this Agreement. <br /> 4.2 The fund custodian and regular in-service training site may be changed by <br /> majority agreement of the Participating Entities without modifying this Agreement, <br /> but with reasonable notice to all Participating Entities. <br /> 5.0 Waiver <br /> No waiver by any party of any term or condition of this Agreement shall be deemed or construed <br /> as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to <br /> constitute a waiver of any subsequent breach,whether of the same or of a different provision of <br /> this Agreement. <br /> 6.0 Allocation of Liability/Insurance <br /> 6.1 Each Participating Entity shall be responsible for the conduct and liability of its <br /> own personnel in the performance of this Agreement. Each Participating Entity <br /> agrees to save, indemnify, defend and hold the other Participating Entities <br /> harmless from any allegations, complaints, or claims of wrongful or negligent acts <br /> or omissions, by said Participating Entity and/or its elected officers, agents, or <br /> employees. In the case of allegations, complaints, or claims against more than <br /> one Participating Entity, any damages allowed shall be levied in proportion to the <br /> percentage of fault attributable to each Participating Entity, and each <br /> Participating Entity shall have the right to seek contribution from the other. <br /> Participating Entities in proportion to the percentage of fault attributable to each <br /> other Participating Entity. A Participating Entity that has withdrawn from the <br /> agreement assumes no responsibility for the actions of the remaining members <br /> arising after the date of withdrawal, but shall remain liable for claims of loss or <br /> liability arising prior to the effective date of withdrawal. <br /> 6.2 Each Participating Entity shall maintain appropriate insurance coverage for the <br /> activities occurring under this Agreernent, including but not limited to personal <br /> injury, death and property damage limits of not less than $1,000,000 (one million <br /> dollars) per occurrence, or provide proof of self-insurance or of participating in an <br /> insurance pool acceptable to the city. <br /> 6.3 This Section 6 shall survive termination of this Agreement. <br /> INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS 3 <br /> 2015 Interlocal Agreement revised 9-17-15 31 <br />