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<br />V <br />LIABILITIES <br /> <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, Glaim. 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 enteJ'ed 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 ILJAOC. In addition, and <br /> <br />15 <br /> <br />25J-16 <br />