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<br />following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 C.F.R. part
<br />206. Recipient shall pay the bill or advise of any disputed items, not later than sixty (60) days following the billing date.
<br />These time frames may be modified in writing by mutual agreement. This shall not preclude Provider or Recipient from
<br />assuming or donating, in whole or in part, the costs and expenses associated with any loss, damage, or use of personnel,
<br />equipment, and resources provided to Recipient.
<br />Section VIII. RIGHTS AND PRIVILEGES OF PROVIDER'S EMPLOYEES
<br />Pursuant to G.S. 166A-14, whenever Provlder's employees are rendering aid and assistance pursuant to this Agreement,
<br />such employees shall retain the same powers, duties, immunities, and privileges they would ordinarily possess if performing
<br />their duties within the geographical limits of Provider.
<br />Section IX. PROVIDER'S EMPLOYEES COVERED AT ALL TIMES BY PROVIDER'S WORKERS' COMPENSATION
<br />POLICY
<br />Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider's employees under the
<br />terms of the North Carolina Workers' Compensation Act, Chapter 97 of the General Statutes, due to personal injury or death
<br />occurring during the period of time such employees are engaged in the rendering of aid and assistance under this
<br />Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such workers'
<br />compensation benefits only to their own respective employees. Further, it is mutually understood that Provider will be
<br />entirely responsible for the payment of workers' compensation benefits to its own respective employees pursuant to G.S.
<br />97-51.
<br />Section X. IMMUNITY
<br />Pursuant to G.S. 166A-14, all activities performed under this Agreement are hereby declared to be governmental functions.
<br />Neither the parties to this Agreement, nor, except in cases of willful misconduct, gross negligence, or bad faith, their
<br />personnel complying with or reasonably attempting to comply with this Agreement or any ordinance, order, rule, or regulation
<br />enacted or promulgated pursuant to the provisions of this Agreement shall be liable for the death of or injury to persons, or
<br />for damage to property as a result of any such activity.
<br />Section XI. PARTIES MUTUALLY AGREE TO HOLD EACH OTHER HARMLESS FROM LIABILITY
<br />Each party (as indemnitor) agrees to protect, defend, indemnify, and hold the other party (as indemnitee), and its officers,
<br />employees and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs,
<br />charges, professional fees, and other expenses or liabilities of every kind and arising out of or relating to any and all claims,
<br />liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of
<br />indemnitor's negligent acts, errors and/or omissions. Indemnitor further agrees to investigate, handle, respond to, provide
<br />defense for, and defend any such claims, etc. at indemnitor's sole expense and agrees to bear all other costs and expenses
<br />related thereto. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with
<br />its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Each party
<br />understands and agrees that any insurance protection obtained shall in noway limit the responsibility to indemnify, keep,
<br />and save harmless the other parties to this Agreement.
<br />Notwithstanding the foregoing, to the extent that each party does not purchase insurance, it shall not be deemed to have
<br />waived its govemmental immunity by law.
<br />SECTION XII. ROLE OF THE DIVISION OF EMERGENCY MANAGEMENT
<br />Under this Agreement, the responsibilities of the NC Division of Emergency Management are: (1) to serve as the central
<br />depository for executed agreements, to maintain a can-ent listing of entities with their authorized representatives and contact
<br />information, and to provide this listing to each of the entities on an annual basis; (2) to coordinate the provision of mutual aid
<br />and assistance to a requesting party, pursuant to the provisions of this Agreement; (3) to keep a record of all requests for
<br />assistance and acknowledgments; (4) to report on the status of ongoing emergency ordisaster-related mutual aid and
<br />assistance as appropriate; and (5) if the parties so designate, to serve as the eligible entity for requesting reimbursement of
<br />eligible costs from FEMA and provide information, directions, and assistance for record keeping pursuant thereto.
<br />Section XIII. AMENDMENTS
<br />Manner- This Agreement may be modified at any time upon the mutual written consent of the Recipient and Provider.
<br />Addition of Other Entities--Additional entities may become parties to this Agreement upon: (1) acceptance and execution of
<br />this Agreement; and (2) sending said executed copy of the Agreement to the NC Division of Emergency Management.
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