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way connected with the negligent acts or failure to act in the course and scope of carrying <br />out their responsibilities in the performance of their duties to the ILJAOC. In addition, and <br />without limiting the foregoing indemnification obligation, except as provided in Section <br />5.04, the ILJAOC will maintain sufficient insurance coverage in effect at all times as <br />recommended by their Risk Manager, to cover any such damage claim, loss, cost, <br />expense, action, proceeding, liability, or obligation. <br />5.04 Any contract with a non-member public agency ("non -Member Agency") <br />receiving services from the ILJOAC shall include a mutual indemnification provision <br />wherein the non -Member Agency and the ILJAOC shall mutually agree to defend and <br />indemnify the other in an amount equal to its proportionate share of liability on a <br />comparative fault basis. The contract shall also provide that: 1) The indemnity obligation <br />shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that <br />arises out of, or is in any way related to, the performance of services pursuant to the <br />contract; and 2) The obligation of the non -Member Agency and the ILJAOC pursuant to <br />the indemnification provision will extend, without limitation, to an injury, death, loss, or <br />damage which occurs in the performance of the contract and that is sustained by any <br />third party, any agent, or contractor of the non -Member Agency or the ILJAOC. <br />Notwithstanding the foregoing, in situations where a non -Member Agency lacks the <br />authority to enter into an agreement containing the specific terms specified above in this <br />Section 5.04, the ILJAOC may enter into an agreement without such terms (or including <br />only some of those terms) only after (1) a finding by and affirmative vote of a two-thirds <br />majority of all voting Board members, or their alternates, that the risk of entering into such <br />an agreement is outweighed by the benefit to be obtained by entering into the agreement, <br />and (2) a determination by the ILJAOC's Risk Manager that insurance provisions <br />applicable to the agreement are adequate given the specific risks presented. <br />5.05 Member Agencies shall be responsible for the continued provision of <br />worker's compensation coverage for the officers or employees of the Member Agencies <br />that are assigned to provide services to the ILJAOC and/or serve as officers or employees <br />of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold <br />harmless the ILJAOC and any other Member Agencies, and their respective officials <br />16 <br />