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A. Indemnification -General Provisions. Each party shall defend, protect, and hold <br />hai7uless the other party from and against all claims, suits, damages, and/or losses and expenses <br />while performing this agreement as provided by RCW 10.93.040. The following principles shall <br />be applied in implementing the above: <br />1. It is the intent of the parties to provide services of the KCRTRT without <br />the threat of being subject to liability to one another and to fully cooperate in the defense of any <br />claims or lawsuits arising out of or connected with KCRTRT actions that are brought against the <br />members or their personnel. <br />1 Each party shall hold harmless, defend, and indemnify the other party and <br />their staff members in any action involving KCRTRT activities arising from said agency's (or <br />their officer's) sole negligence. In the event of negligence of more than party, each party shall be <br />responsible for its proportionate share of damages and/or award attributable to the party. <br />3. In the event of negligence or other wrongfiil acts asserted against more <br />than one agency or officer in a lawsuit, any settlement or damages awarded shall be levied in <br />proportion to the percentage of the fault attributable to each party either through mutual <br />agreement in a settlement or through litigation of the underlaying action. <br />4. Payment of punitive damages, if any, shall be the sole responsibility of the <br />agency or agency's employee against whole a judgment is rendered. <br />B. Party Not Involved in KCRTRT Response. In the event that an agency or its <br />personnel were not involved in the actions, coordination, command, or any other aspect of the <br />KCRTRT response to an incident that gives rise to a claim or lawsuit, such agency shall not be <br />required to share responsibility for the payment of the judgment, defense costs, settlement, or <br />award. <br />C. Automobile Liability. It is the intent of the parties to accept sole responsibility <br />for automobile liability claims arising out of their officer's transportation to the site of a call out, <br />including while driving an armored vehicle called to a KCRTRT activation. Automobile liability <br />claims arising after arrival at the scene of the call out will be resolved by the parties, with a good <br />faith attempt to apportion costs and liability fairly and equitably amongst those involved. <br />D. Intentionak Wrongful or Conduct Be and the Scope of Employment. <br />Nothing herein shall require or be interpreted to require indemnification or sharing in the <br />payment of any judgment against any KCRTRT personnel for intentionally wrongful or <br />negligent conduct that is outside of the scope of employment of any individual or for any <br />judgment of punitive damages against any individual or agency. The legislative authority of the <br />employing agency will be the determinant of good faith conduct within the scope of employment <br />as defined in RCW 4.96.041. <br />E. Collective Representation and Defense. <br />Page 5 of 9 <br />