Ch. 5

2003 LAWS OF MARYLAND

THE MUTUAL AID ACTIVITIES, INCLUDING TRAVEL, OF THE PARTY THAT PROVIDES
ASSISTANCE THAT OCCURS OUTSIDE ITS OWN JURISDICTION.

(2) THE PARTY THAT REQUESTS ASSISTANCE NEED NOT INDEMNIFY
THE PARTY THAT PROVIDES ASSISTANCE IF:

(I)      THE PARTY THAT PROVIDES ASSISTANCE DOES NOT
COOPERATE IN DEFENDING AGAINST A CLAIM MADE BY A THIRD PARTY; OR

(II)     THE CLAIM BY A THIRD PARTY ARISES OUT OF A MALICIOUS
ACT OF THE PARTY THAT PROVIDES ASSISTANCE.

(C) REQUIRED WAIVER OF CLAIMS.

EACH MUTUAL AID AGREEMENT SHALL PROVIDE THAT EACH PARTY TO THE
MUTUAL AID AGREEMENT SHALL WAIVE ANY AND ALL CLAIMS AGAINST ALL OTHER
PARTIES TO THE MUTUAL AID AGREEMENT IF THE CLAIM ARISES OUT OF THE
ACTIVITIES OF A PARTY OUTSIDE ITS OWN JURISDICTION UNDER THE MUTUAL AID
AGREEMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 37(b), (c), and (d).

In the introductory language of subsection (a) of this section, the phrase "in
accordance with this section" is substituted for the former phrase "[e]xcept
as provided in subsection (d) of this section" because subsection (c) of this
section, which revises former Art. 38A, § 37(d), provides a qualification of
the mutual aid agreement, not an exception to the agreement.

In subsections (b)(1) and (c) of this section, the former references to a
"subscribing" party are deleted as implicit.

In subsection (b)(1) of this section, the reference to "holds" harmless is
substituted for the former reference to "saves" harmless to use common
legal terminology.

Defined terms: "Fire, rescue, or emergency medical services entity" § 7-101
"Mutual aid agreement" § 7-101

7-104. AGREEMENTS WITH FEDERAL GOVERNMENT TO PROVIDE FIRE FIGHTING OR
RESCUE ACTIVITIES.

(A)     AUTHORIZED.

A FIRE, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY MAY ENTER INTO
AN AGREEMENT WITH THE FEDERAL GOVERNMENT IN ACCORDANCE WITH THIS
SECTION TO PROVIDE FIRE FIGHTING OR RESCUE ACTIVITIES ON PROPERTY UNDER
THE JURISDICTION OF THE UNITED STATES.

(B)     LIMITATION.

- 328 -