ARTICLE IV: COUNTY DUTIES
<br />COUNTY shall participate in the selection process for officers assigned to the
<br />unit as flight crewmembers and reserves the right to revoke assignments without cause.
<br />Officers assigned to the SHERIFF's Air Support Unit pursuant to this agreement shall
<br />meet all requirements set forth in the SHERIFF's Air Support Unit Operations Manual.
<br />ARTICLE V: INDEMNIFICATION
<br />A. CITY shall defend at its expense including attorney's fees and with counsel
<br />approved in writing by COUNTY, indemnify and hold harmless COUNTY and its
<br />officers, employees, and agents (collectively, the "Indemnified Parties) from and against
<br />any and all claims (including, without limitation, claims for bodily injury, death or damage
<br />to property), demands, obligations, damages, actions, causes of action, suits, losses,
<br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
<br />attorney's fees, disbursements and court costs) of every kind and nature whatsoever
<br />(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
<br />relate directly or indirectly to any services provided under this MOU including, but not
<br />limited to, activities that relate in any way to this MOU including the negligent and/or
<br />willful acts, errors and/or omissions of CITY, its elected and appointed officials, officers,
<br />agents, employees, including CITY's corporal, subcontractors or independent
<br />contractors. Notwithstanding the foregoing, nothing herein shall be construed to require
<br />CITY to indemnify the Indemnified Parties from any Claim arising from the sole
<br />negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to
<br />all claims and liability regardless of whether any insurance policies are applicable.
<br />B. CITY shall defend at its expense including attorney's fees and with counsel
<br />approved in writing by COUNTY, indemnify and hold harmless COUNTY and its
<br />officers, employees, and agents from and against any and all claims (including, without
<br />limitation, claims for bodily injury, death or damage to property), demands, obligations,
<br />damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
<br />costs and expenses (including, without limitation, attorney's fees, disbursements and
<br />court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
<br />"Claims"), brought by CITY's corporal, his or her personal representatives, heirs,
<br />decedents, or estate,arising out of CITY's corporal's activities under this MOU. This
<br />indemnity shall apply to all claims and liability regardless of whether any insurance
<br />policies are applicable. Any and all liability for workers compensation benefits that may
<br />be due to CITY's corporal or to his or her estate shall remain the responsibility of CITY.
<br />C. COUNTY shall defend at its expense including attorney fees and with counsel
<br />approved in writing by CITY, indemnify and hold harmless CITY and its officers,
<br />employees, and agents with respect to any claim, loss, liability, damage, lawsuit, cost or
<br />expense that arises out of, or is in any way related, to the sole negligence or willful
<br />misconduct by COUNTY, its elected and appointed officials, officers, agents,
<br />employees, subcontractors or independent contractors.
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