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<br />damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
<br />expenses (including, without limitation, attorney's fees, disbursements and court costs) of every
<br />kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise
<br />from or in any manner relate (directly or indirectly) to any services provided under this
<br />Agreement including, but not limited to, activities that relate in any way to this Agreement
<br />(including the negligent and/or willful acts, errors and/or omissions of AGENCY, its council
<br />members, officers, agents, employees, and anyone employed directly or indirectly by any of
<br />them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing,
<br />nothing herein shall be construed to require AGENCY to indemnify the Indemnified Parties from
<br />any Claim arising tcom the sole negligence or willful misconduct of the Indemnified Parties.
<br />This indemnity shall apply to all claims and liability regardless of whether any insurance policies
<br />arc applicable.
<br />5.03 ABLE shall defend, indemnify and hold harmless AGENCY and its officers,
<br />employees, contractors, agents and representatives, with respect fo any claim, loss, liability,
<br />damage, lawsuit, cost or expense that arises out of, or is in any way related, to the sole
<br />negligence or willful misconduct by ABLE or the Member Agencies within the AGENCY's
<br />jurisdiction. The obligation of ABLE pursuant to this section extends, without limitation, to any
<br />injury, death, loss or damage which occurs within the AGENCY's jurisdiction and which is
<br />sustained by any third party, any employee or contractor of AGENCY and to such contractor's
<br />employees.
<br />5.04 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 />A. AGENCY shall defend and indemnity ABLE, any Member Agency, or their
<br />respective officers, employees, agents or representatives for any liability resulting from any
<br />negligence on the part of said sworn police officer or employee arising out of his/her acts
<br />undertaken for or on behalf ofABLE.
<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 />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
<br />ABLE or the Member Agencies. AGENCY shall secure, at its expense, and be responsible for
<br />any and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
<br />Unemployment Compensation and other payroll deductions of such sworn police officer or
<br />employee of the AGENCY. Any and all liability for workers compensation benefits that may be
<br />due to any sworn police officer or employee provided to ABLE pursuant to Section 3.04 shall
<br />remain the responsibility of the AGENCY that supplied said employee. Neither ABLE, nor any
<br />Member Agency, their respective officers, their employees, agents or representative shall have
<br />any liability to said sworn police officer or employee for workers compensation benefits.
<br />Airborne Law Enforcement Services A
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