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<br />V
<br />LIABILITIES
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<br />5.01 Except as provided in Section 8.05, the ILJAOC and the Member
<br />Agencies agree, to the extent allowed by law, that the Member Agencies shall be
<br />fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or
<br />expense arising out of, or in any way related to, the performance of this
<br />Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should
<br />be broadly construed in favor of protection for the Member Agencies and
<br />interpreted to provide the fullest possible protection to the Member Agencies and
<br />Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC
<br />acknowledges that the Member Agencies would not have entered into this
<br />Agreement in the absence of the commitments of the ILJAOC as specified in this
<br />Article V.
<br />
<br />5.02 The Member Agencies acknowledge that each Member Agency
<br />may be assigning its own personnel to a cooperative pool of personnel to provide
<br />service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all
<br />debts, liabilities, and other obligations for all activities of the ILJAOC, and shall
<br />maintain sufficient insurance coverage in effect at all times to cover any such
<br />claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager
<br />and approved by the Board.
<br />
<br />5.03 Except as provided in Section 8.05, the ILJAOC shall protect,
<br />defend, indemnify, and hold free and harmless the Member Agencies and their
<br />respective elected and appointed boards, officials, officers, agents, volunteers,
<br />and employees from and against any and all liabilities, damages, loss, cost,
<br />claims, expenses, actions, or proceedings of any kind or nature caused by
<br />ILJAOC employees or employees of Member Agencies who are performing
<br />ILJAOC functions, including, but not by way of limitation, injury or death of any
<br />person, injury or damage to any property, including consequential damages and
<br />attorney's fees and costs, resulting or arising out of or in any way connected with
<br />the negligent acts or failure to act in the course and scope of carrying out their
<br />responsibilities in the performance of their duties to the I LJAOC. In addition, and
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