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person, not a party to this Agreement as a result of the active <br />negligence or intentional, wilful or malicious acts of that VEPO <br />Participant's officers, employees, or agents while engaged in <br />carrying out their duties, functions or activities pursuant to <br />the VEPO Emergency Response Plan. <br />6. EMPLOYEE CLAIMS <br />Any employee, officer or agent of a VEPO Participant who is <br />acting under the direction, supervision or control of an <br />employee, officer or agent of another VEPO Participant pursuant <br />to the VEPO Emergency Response Plan shall, except as otherwise <br />provided under Labor Code H3600.2 through 3600.6, be considered <br />to be the special employee of the VEPO Participant which is <br />directing, supervising or controlling the activity and the <br />general employee of his or her regular employer while engaged in <br />carrying out duties, functions or activities pursuant to the VEPO <br />Emergency Response Plan. The special employer, if any, and <br />general employer, shall indemnify and hold all other VEPO <br />Participants harmless from any and all claims, liabilities or <br />damages for personal injury incurred by such officers, employees <br />or agents while engaged in carrying out their duties, functions <br />or activities pursuant to the VEPO Emergency Response Plan, <br />notwithstanding any passive negligence of other VEPO <br />Participants. <br />It is the intent of the parties that personnel made <br />available through VEPO be insured against loss or injury through <br />the Workers Compensation insurance of those who controlled and <br />directed their work through VEPO. <br />5 <br />