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representatives with respect to any claim, litigation, liability, damage, injury, cost or expense that is in <br />any way related to the performance of Hazardous Materials Emergency response services pursuant to this <br />Agreement or the existence of a Hazardous Materials Emergency. Hazardous Materials emergencies, by <br />their nature, create a risk of serious injury to persons or property damage over a wide area. The risk of <br />liability and /or litigation exists irrespective of the skill and competence displayed by those attempting to <br />resolve the emergency. Persons who have suffered injury or property damage as the result of a release of <br />Hazardous Materials are prone to sue all persons and entities present at the scene of the emergency and <br />even non - negligent parties are likely to incur substantial liability given the toxic nature of the materials <br />involved, the large number of people likely to be affected, and the perceived "deep pockets" of public <br />entity defendants. Accordingly, the Authority, Provider Agencies and their respective officers and <br />employees deserve substantial protection from liability and litigation that is in any way related to the <br />services provided pursuant to this Agreement or related agreements. Moreover, since Provider Agencies <br />provide, in advance, the personnel, equipment and funds necessary to provide services pursuant to this <br />Agreement, it is appropriate to minimize their risks and obligations while increasing the protection <br />required from other public entities which do not make the same financial commitment. <br />B. General Provisions <br />1. Each Participating Agency waives and gives up any claim <br />against, or right to sue, the Authority, any Provider Agency, any other Participating Agency, or any of <br />their officers, employees or representatives, for any loss, damage or injury that arises out of or is in any <br />way related, to the performance of services rendered pursuant to this Agreement. This waiver extends to <br />liability for bodily injury, or property damage, that may be sustained by the Participating Agency, or its <br />officers, employees, contractors or agents, and which was proximately caused, in whole or in part, by the <br />negligent act, conduct or omission of the Authority, any Provider Agency, any other Participating <br />Agency, and /or their respective officers, employees, agents, contractors, representatives, or any third <br />party. However, this waiver does not extend to liability for bodily injury or property damage caused by <br />24- <br />