|
emergency workers, to the eXtent possible and as appropriate, pursuant to RCW 38.52 et
<br />seq., WAC 118-04 et seq., and any other applicable statute, regulation or law. The Parties
<br />agree that prior to invoking a request for Assistance under this Agreement for a large
<br />event, the Requesting Party through its local department of emergency management; will
<br />request the issuance of a mission number from the Washington military department,
<br />emergency management division. A Party may condition its willingness to respond and
<br />the continuance of its response under this Agreement on. the issuance of a mission
<br />number, and compliance with RCW 38.52 et seq., WAC 118-04 et seq., or other law, by
<br />the Assisting and Requesting Party.
<br />2. In the event local, state and/or federal governments or laws provide waiver, immunity,
<br />indemnification, reimbursement or other payment related to liability that would otherwise
<br />be the responsibility of a Party then such waiver, immunity, indemnification,
<br />reimbursement or other payment shall limit a party's liability. The Parties agree to
<br />exhaust their rights to waiver, immunity, indemnification, reimbursement or other
<br />payment from local, state, and/or federal governments. However, to the extent that local,
<br />state or federal governments or laws do not provide complete waiver, immunity,
<br />indemnification, reimbursement or other payment related to Party liability, then the
<br />following provisions will apply:
<br />A. Each party to this Agreement shall be legally responsible for its own acts and
<br />omissions arising under this Agreement, and that of its respective appointed and
<br />elected officials, employees, officers, agents, agencies, assigns and
<br />representatives. Each party agrees to defend, indemnify, and hold harmless the
<br />other party, and its respective appointed and elected officials, employees, officers,
<br />agents, agencies, assigns and representatives from and against any and all
<br />liability, loss, cost, damage and expense arising or alleged to have arisen directly
<br />or indirectly out of or in consequence of the performance of this Agreement by
<br />the indemnitor.
<br />B. GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT. Any
<br />Party shall not be required under this Agreement to release, indemnify, hold
<br />harmless or defend any other Party from any claim, loss, harm, liability, damage,
<br />cost or expense caused by or resulting from the activities of any Parties officers,
<br />employees, or agents acting in such a manner that constitutes willful misconduct,
<br />gross negligence or bad faith.
<br />C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim, demand,
<br />action or proceeding, of whatever kind or nature arising out of the rendering of
<br />Assistance through this Agreement, the Requesting Party agrees, to indemnify,
<br />hold harmless, and defend, to the fullest extent of the law, each signatory to this
<br />Agreement, whose only involvement in the transaction or occurrence which is the
<br />subject of such claim, action, demand, or other proceeding, is the execution and
<br />approval of this Agreement.
|