METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (9)

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items supplied or contributed for the use of MARS by any other MARS Participant. 2. Responsibility to Other MARS Participants in Eventuality of Third Party Harm Each MARS Participant agrees to assume the entire risk of loss and to indemnify and hold each of the remaining MARS Participants harmless from any and all claims, liabilities or damages for personal injury or property damage incurred by any third person, or entity, not a party to this agreement, as a result of any defect or dangerous condition of any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or other items, supplied or contributed for the use of MARS by that MARS Participant, provided that the participants are liable therefore under the provisions of the Government Code. 3. Responsibility for Negligent and Certain Other Types of Acts of Own Personnel Notwithstanding paragraph 1 of this agreement, each MARS Participant agrees to assume the entire risk of loss and to indemnify and hold the remaining MARS Participants harmless from any and all claims, liabilities or damages for personal injury incurred by any other MARS Participant, its officers, employees or agents or any third person, not a party to this agreement, as a result of the negligent, intentional, wilful or malicious acts Of its officers, employees, or agents while engaged in carrying out their duties, functions or activities pursuant to the MARS Emergency Response Plan. 4. This agreement shall be executed by each MARS Participant in duplicate originals, each of which shall be considered an original agreement. This agreement shall not become effective as to any MARS Participant until all MARS Participants have executed this agreement and have delivered an executed original to the MARS Coordinator who will provide each MARS Participant with a photocopy of all executed signature pages and a list of all participants. Prior to the admission of any additional agencies to the MARS Program, such agency shall be required to execute this agreement and comply with this provision. 5. This agreement shall be binding upon and inure to the benefit of the original participants and all parties who may subsequently enter into this agreement, and their officers, agents, employees, successors and assigns. The names of the MARS Participants, all of which are signatories to this agreement, are and shall be set forth on the list attached hereto as exhibit "A" and incorporated herein by reference.