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Pursuant to G.S. 166A-19.60, all activities performed under this Agreement are hereby declared
<br /> governmental functions. Neither the parties to this Agreement,nor, except in cases of willful
<br /> misconduct, gross negligence, or bad faith,their personnel complying with or reasonably
<br /> attempting to comply with this Agreement or any ordinance, order, rule, or regulation enacted or
<br /> promulgated pursuant to the provisions of this Agreement shall be liable for the death of or
<br /> injury to persons or for damage to property as a result of any such activity.
<br /> Section XI. PARTIES MUTUALLY AGREE TO HOLD EACH OTHER HARMLESS
<br /> FROM LIABILITY
<br /> To the extent allowed by applicable law, each party(as indemnitor)agrees to protect, defend,
<br /> indemnify, and hold the other party(as indemnitee), and its officers, employees and agents, free
<br /> 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
<br /> relating to any and all claims, liens, demands, obligations, actions,proceedings, or causes of
<br /> action of every kind in connection with or arising out of indemnitor's negligent acts, errors
<br /> and/or omissions. Indemnitor further agrees to investigate, handle,respond to,provide defense
<br /> for, and defend any such claims, etc. at indemnitor's sole expense and agrees to bear all other
<br /> costs and expenses related thereto. To the extent that immunity does not apply, each party shall
<br /> bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself
<br /> what kinds of insurance, and in what amounts, it should carry. Each party understands and agrees
<br /> that any insurance protection obtained shall in no way limit the responsibility to indemnify,keep,
<br /> and save harmless the other parties to this Agreement. Notwithstanding the foregoing,to the
<br /> extent that each party does not purchase insurance, it shall not be deemed to have waived its
<br /> governmental immunity by law.
<br /> Section XII. ROLE OF THE DIVISION OF EMERGENCY MANAGEMENT
<br /> Pursuant to GS 166A-19.12(19) and under this agreement,the responsibilities of the North
<br /> Carolina Division of Emergency Management are: (1)to serve as the central depository for
<br /> executed Agreements,to maintain a current listing of entities with their authorized
<br /> representatives and contact information, and to provide this listing to each of the entities on an
<br /> annual basis; (2)to coordinate the provision of mutual aid and assistance to a requesting party,
<br /> pursuant to the provisions of this Agreement; (3) to keep a record of all requests for assistance
<br /> and acknowledgments; (4)to report on the status of ongoing emergency or disaster-related
<br /> mutual aid and assistance as appropriate; and(5) if the parties so designate, to serve as the
<br /> eligible entity for requesting reimbursement of eligible costs from FEMA and provide
<br /> 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
<br /> Recipient and Provider.
<br /> Addition of Other Entities--Additional entities may become parties to this Agreement upon: (1)
<br /> acceptance and execution of this Agreement; and (2) sending an executed copy of the Agreement
<br /> to the North Carolina Division of Emergency Management.
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