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THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA <br />MEMBER AGENCY RESPONSE SYSTEM <br />INDEMNIFICATION AGREEMENT <br />THIS INDEMNIFICATION AGREEMENT is entered into as of <br />the date of execution by and between The Metropolitan Water <br />District of Southern California (MWDSC), and the undersigned <br />participants in The Metropolitan Water District of Southern <br />California Member Agency Response System (MARS). (All parties <br />are collectively referred to as "MARS Participants.") <br />WHEREAS, MARS was formed in 1983 for the purposes of <br />coordinating an emergency response by all MARS Participants in <br />the event of an earthquake, flood, fire, or other regional <br />disaster; and <br />WHEREAS, to accomplish this purpose each of the MARS <br />Participants has or will contribute the use of certain of its <br />facilities and equipment and the services of certain of its <br />personnel, both in preparation for an emergency and in response <br />to any emergency situation pursuant to an Emergency Response <br />Plan prepared by MARS; and <br />WHEREAS, each of the MARS Participants desire to <br />indemnify and hold each other harmless from any liability for <br />injury or property damage incurred by any other MARS Participant <br />or its employees, officers or agents or by third parties in the <br />course of or as a result of MARS activities; <br />WHEREAS, the MARS Participants are each willing to <br />assume risks due to usage of defective items furnished by other <br />participants; <br />NOW, THEREFORE, in consideration of the mutual promises <br />and covenants herein, the MARS Participants agree as follows: <br />1. Assumption of Risk „Due to„Usage of Defective items <br />Without limiting the scope of paragraphs 2 and 3 of <br />this agreement, each MARS Participant agrees to assume the <br />entire risk of loss and to indemnify and hold each of the <br />remaining MARS Participants harmless from any and all claims, <br />liability, or damages for personal injury or property damage <br />incurred by that MARS Participant or its agents, employees or <br />officers as a result of any defect or dangerous condition of any <br />real property, structures, facilities, tools, vehicles, <br />equipment, machinery, materials, personal property or other <br />