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medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the <br /> respective party for its employees, provided, however, that such claims made by a third party are <br /> not the result of gross negligence or willful misconduct on the part of the party rendering aid. <br /> Provided further, that the obligation to defend and indemnify shall not be require any <br /> member to provide defense or indemnification beyond the statutory and constitutional limits of <br /> liability that are set forth in any applicable law in the State in which the member is located, and <br /> nothing in this Agreement is meant to constitute a waiver of any immunity or defense available to <br /> the member under the laws of the State in which the member is located. <br /> SECTION EIGHT: NON-LIABILITY FOR FAILURE TO RENDER AID <br /> The rendering of assistance under the terms of this Agreement shall not be mandatory if <br /> local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to <br /> immediately notify the Stricken Unit of the Aiding Unit's inability to respond; however, failure to <br /> immediately notify the Stricken Unit of such inability to respond shall not constitute evidence of <br /> noncompliance with the terms of this section and no liability may be assigned. <br /> No liability of any kind or nature shall be attributed to or be assumed, whether expressly or <br /> implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render <br /> aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the <br /> terms of this Agreement. <br /> SECTION NINE: TERM <br /> This Agreement shall be in effect for a term of one year from the date of signature hereof <br /> -7- <br />