BLAIR LEE III, Acting Governor                         1595

provision indemnifying the parties to the agreements from

all claims by third parties for property damage or personal

injury; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section (s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 38A - Fires and Investigations

38.

(A) Any board of fire commissioners, fire company,
rescue squad, governmental subdivision, or fire department,
acting through authorized agents, [are horoby authorized, in

their discretion, to] MAY enter appropriate agreements

to make available to the federal government, personnel and
equipment of the various fire COMPANIES or rescue

[companies] SQUADS concerned, to extinguish fires and save

lives on the property of the federal government. THESE

AGREEMENTS ARE SUBJECT TO THE INDEMNIFICATION REQUIREMENT OF

SECTION 37 OF THIS ARTICLE, BUT THEY ARE NOT SUBJECT TO THE

WAIVER OF CLAIMS REQUIREMENT OF SECTION 37. [provided that

nothing herein contained shall] HOWEVER, THIS SECTION MAY

NOT BE CONSTRUED TO require any fire [companies] COMPANY,

rescue squad [or], board of fire commissioners or fire
department, or governmental subdivision, to enter into such
agreements[, and provided further that these agreements
shall be subject to the indemnities provided in § 37 of this
article]. MAY IN THEIR DISCRETION, ENTER INTO AGREEMENT WITH
THE FEDERAL GOVERNMENT FOR THE PROVISION OF FIRE FIGHTING OR

RESCUE ACTIVITIES___ON PROPERTY WHICH IS UNDER THE

JURISDICTION OF THE UNITED STATES.

(B) ANY AGREEMENT ENTERED INTO IN ACCORDANCE WITH

SUBSECTION (A) HEREOF SHALL BE LIMITED TO THE PROVISION OF

FIRE FIGHTING ___AND/OR RESCUE___EQUIPMENT AND PERSONNEL TO

EXTINGUISH___ FIRES AND SAVE LIVES ON PROPERTY WHICH IS UNDER

THE JURISDICTION OF THE UNITED STATES.

(C) NO BOARD OF___FIRE COMMISSIONERS, FIRE COMPANY,

RESCUE SQUAD, GOVERNMENTAL SUBDIVISION, OR FIRE DEPARTMENT

SHALL ENTER INTO ANY SUCH AGREEMENT IN ACCORDANCE WITH

SUBSECTIONS (A) AND (B) HEREOF UNLESS THE AGREEMENT

INCLUDES:

(1) A WAIVER BY EACH PARTY OF ALL CLAIMS

AGAINST EVERY OTHER PARTY FOR COMPENSATION FOR ANY LOSS,

DAMAGE, PERSONAL INJURY, OR DEATH OCCURRING IS CONSEQUENCE
OF THE PERFORMANCE OF SUCH AGREEMENT;

(2) A PROVISION TO INDEMNIFY AND SAVE HARMLESS
THE OTHER PARTIES TO SUCH AGREEMENT FROM ALL CLAIMS BY THIRD

PARTIES FOR PROPERTY DAMAGE OR PERSONAL INJURY WITHIN THE

LIMITATIONS PERMITTED BY APPLICABLE FEDERAL LAW, THAT MAY

ARISE OUT OF THE ACTIVITIES OF THE OTHER PARTIES TO SUCH

AGREEMENT; AND