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NOW, THEREFORE, in consideration of the mutual promises and <br />covenants herein, the VEPO Participants agree as follows: <br />1. VOLUNTARY PARTICIPATION <br />Neither this Agreement, nor the VEPO Emergency Response Plan <br />creates, or shall be deemed to create, any contractual or .implied <br />duty on the part of any signatory to provide, or attempt to <br />provide, any real property, structures, facilities, tools, <br />vehicles, equipment, machinery, materials, personal property or <br />personnel to any other VEPO Participant or third party. No <br />signatory shall be liable for its failure to provide, or attempt <br />to provide, assistance to any other party. It is the intent of <br />the parties that assistance under the VEPO Emergency Response <br />Plan be provided on a'strictly voluntary basis, and that no joint <br />venture be created.. <br />2. LIABILITY FOR JOINING <br />Notwithstanding GovernmQnt Code §895 2, it is the intent of <br />the signatories to this Agreement that there shall be no <br />liability assumed by, or imposed upon, any signatory solely by <br />reason of such signatory executing the VEPO Emergency Response <br />Plan or this Agreement. <br />In the event of any liability, claim, demand, action or <br />proceeding of whatever kind or nature arising out of the <br />rendering of assistance through VEPO, the parties involved in <br />rendering or receiving assistance through VEPO agree to indemnify <br />and hold harmless, to the fullest extent allowed by law, each <br />signatory to the VEPO Emergency Response Plan whose only <br />involvement, in the transaction or occurrence which is the <br />2 <br />