Ch. 726
LAWS OF MARYLAND
(1) THE DISTRICT OF COLUMBIA;
(2) VIRGINIA;
(3) WEST VIRGINIA;
(4) PENNSYLVANIA;
(5) DELAWARE; OR
(6) A FIRE, RESCUE, OR EMERGENCY MEDICAL SERVICES
ENTITY OF THIS STATE, THE DISTRICT OF COLUMBIA, VIRGINIA, WEST
VIRGINIA, PENNSYLVANIA, OR DELAWARE.
(C) A FIRE, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY
MAY NOT ENTER INTO A MUTUAL AID AGREEMENT UNLESS THE AGREEMENT
PROVIDES THAT A THE AGREEMENT MAY PROVIDE THAT A SUBSCRIBING
PARTY THAT REQUESTS ASSISTANCE UNDER THE AGREEMENT:
(1) INDEMNIFIES AND SAVES HARMLESS A PARTY PROVIDING
ASSISTANCE UNDER THE AGREEMENT FROM ALL CLAIMS BY THIRD PARTIES
FOR PROPERTY DAMAGE OR PERSONAL INJURY ARISING OUT OF THE MUTUAL
AID ACTIVITIES, INCLUDING TRAVEL, OF THE PARTY PROVIDING
ASSISTANCE THAT OCCUR OUTSIDE THE JURISDICTION OF THE PARTY
PROVIDING ASSISTANCE EXCEPT THAT THE PARTY REQUESTING ASSISTANCE
NEED NOT INDEMNIFY THE PARTY PROVIDING ASSISTANCE IF:
(I) (1) THE PARTY PROVIDING ASSISTANCE DOES NOT
COOPERATE IN DEFENDING AGAINST CLAIMS MADE BY THIRD PARTIES; AND
OR
(II) (2) THE CLAIMS BY THIRD PARTIES ARISE OUT
OF MALICIOUS ACTS OF THE PARTY PROVIDING ASSISTANCE; AND.
(2) WAIVES ALL CLAIMS THAT IT MAY HAVE AGAINST A
PARTY PROVIDING ASSISTANCE UNDER THE AGREEMENT FOR PROPERTY
DAMAGE OR PERSONAL INJURY ARISING OUT OF THE MUTUAL AID
ACTIVITIES, INCLUDING TRAVEL, OF THE PARTY PROVIDING ASSISTANCE
THAT OCCUR OUTSIDE THE JURISDICTION OF THE PARTY PROVIDING
ASSISTANCE.
(D) A FIRE, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY
MAY NOT ENTER INTO A MUTUAL AID AGREEMENT UNLESS THE AGREEMENT
PROVIDES THAT EACH SUBSCRIBING PARTY SHALL WAIVE ANY AND ALL
CLAIMS AGAINST ALL OTHER PARTIES TO THE AGREEMENT THAT MAY ARISE
OUT OF THEIR ACTIVITIES OUTSIDE THEIR RESPECTIVE JURISDICTIONS
UNDER THE AGREEMENT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.
Approved May 25, 1989.
- 4084 -
|