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<br />services in the absence of the commitments of AGENCY as specified in this Agreement.
<br />
<br />5.02 AGENCY shall defend, indemnifY and hold harmless ABLE and the Member
<br />Agencies, and their respective officers, employees, contractors, agents and representatives, with
<br />respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in
<br />any way related, to the performance of services by ABLE or the Member Agencies within the
<br />AGENCY's jurisdiction, except those which arise out of the sole negligence of ABLE. The
<br />obligation of the AGENCY pursuant to this section extends, without limitation, to any injury,
<br />death, loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by
<br />any third party, any employee or contractor of ABLE and to such contractor's employees.
<br />
<br />5.03 ABLE shall defend, indemnifY and hold harmless AGENCY and its officers,
<br />employees, contractors, agents and representatives, with respect to any claim, loss, liability,
<br />damage, lawsuit, cost or expense that arises out of, or is in any way related, to the negligent
<br />performance of services by ABLE or the Member Agencies within the AGENCY's jurisdiction.
<br />The obligation of ABLE pursuant to this section extends, without limitation, to any injury, death,
<br />loss or damage which occurs within the AGENCY's jurisdiction and which is sustained by any
<br />third party, any employee or contractor of AGENCY and to such contractor's employees.
<br />
<br />5.04 In the event that liability is imposed on AGENCY and ABLE, any Member
<br />Agency, or their respective officers, employees, agents or representatives, that arises out of or is
<br />in any way related to providing law enforcement helicopter services pursuant to this Agreement,
<br />or the existence of any emergency within AGENCY's jurisdiction, AGENCY and ABLE
<br />(including its member agencies and their respective officers, employees, contractors, agents and
<br />representatives) shall mutually defend and indemnifY each other in proportion to their share of
<br />liability on a comparative fault basis. Nothing in this Section shall in any way alter or modify the
<br />provisions of Section 5.02 and or Section 5.03.
<br />
<br />5.05 With regard to any sworn police officer or employee provided by AGENCY to
<br />ABLE pursuant to Section 3.04, or any other provision of this Agreement, the following
<br />provisions shall apply:
<br />
<br />A. AGENCY shall defend and indemnifY ABLE, any Member Agency, or their respective
<br />officers, employees, agents or representatives for any liability resulting from any negligence on
<br />the part of said sworn police officer or employee arising out of hislher acts undertaken for or on
<br />behalf of ABLE.
<br />
<br />B. AGENCY and any sworn police officer or employee provided to ABLE pursuant to
<br />Section 3.04 shall release ABLE, any Member Agency, and their respective officers, employees,
<br />agents or representatives from any liability for injury or damage sustained by said sworn police
<br />officer or employee arising out of his/her activities for or on behalf of ABLE.
<br />
<br />C. Any sworn police officer or employee provided to ABLE pursuant to Section 3.04 is
<br />and shall be acting at all times as an employee of the AGENCY and not as an employee of ABLE
<br />or the Member Agencies. AGENCY shall secure, at its expense, and be responsible for any and
<br />
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<br />25M-14
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