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of competent jurisdiction because of the concurrent active negligence of COUNTY or <br />COUNTY Indemnitees, MUTUAL AID PARTNER and COUNTY agree that liability will be <br />apportioned as determined by the court. Neither PARTY shall request a jury <br />apportionment. <br />ii. By COUNTY: COUNTY agrees to indemnify MUTUAL AID PARTNER, and hold MUTUAL AID <br />PARTNER, its elected and appointed officials, officers, employees, agents and those <br />special districts and agencies which COUNTY's Board of Supervisors acts as the governing <br />Board ("MUTUAL AID PARTNER Indemnitees") harmless from any claims, demands or <br />liability of any kind or nature, including but not limited to personal injury or property <br />damage, arising from or related to the services, products or other performance provided <br />by COUNTY pursuant to this Agreement. If judgment is entered against COUNTY and <br />MUTUAL AID PARTNER by a court of competent jurisdiction because of the concurrent <br />active negligence of MUTUAL AID PARTNER or MUTUAL AID PARTNER Indemnitees, <br />COUNTY and MUTUAL AID PARTNER agree that liability will be apportioned as determined <br />by the court. Neither PARTY shall request a jury apportionment. <br />2. Waiver of Claims <br />I. Each PARTY hereto agrees to waive all claims against all other PARTIES hereto for any loss, <br />damage, personal injury or death occurring in consequence of the performance of this <br />Mutual Aid Agreement; provided, however, that such claim is not a result of gross <br />negligence or willful misconduct by a PARTY hereto or its personnel. <br />ii. Each PARTY to this Agreement waives all claims against all other PARTIES to this <br />Agreement for compensation for any loss, damage, personal injury, or death occurring to <br />personnel and/or equipment as a consequence of the performance of this agreement. <br />3. Governmental Immunity: <br />To the fullest extent authorized by law, all activities performed under this agreement are <br />deemed to be governmental functions. Neither COUNTY or MUTUAL AID PARTNER, nor <br />their employees, except in cases of willful misconduct, gross negligence, or bad faith shall <br />be liable for the death of or injury to persons, or for damage to property when complying <br />or attempting to comply with this Agreement. <br />4. Insurance: <br />i. Each PAR'T'Y shall be responsible for providing insurance for its own employees and <br />representatives. <br />ii. Claims for injuries incurred while participating in the COVID-19 Vaccination Effort will be <br />submitted under the Workers Compensation policy of the injured PARTY's employer. (i.e., <br />3 <br />