ROBERT L. EHRLICH, JR., Governor                                Ch. 5

AN AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL BE LIMITED TO
THE PROVISION OF FIRE FIGHTING OR RESCUE EQUIPMENT AND PERSONNEL OR
BOTH.

(C)     REQUIRED PROVISIONS.

AN AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL INCLUDE:

(1)      A WAIVER BY EACH PARTY OF ANY CLAIM AGAINST ANY OTHER
PARTY FOR COMPENSATION FOR ANY LOSS, DAMAGE, PERSONAL INJURY, OR DEATH
THAT OCCURS IN THE PERFORMANCE OF THE AGREEMENT;

(2)      A PROVISION TO INDEMNIFY AND HOLD HARMLESS EACH PARTY TO
THE AGREEMENT FROM ANY CLAIM BY A THIRD PARTY FOR PROPERTY DAMAGE OR
PERSONAL INJURY, WITHIN THE LIMITATIONS PERMITTED BY FEDERAL LAW, THAT
ARISE OUT OF THE ACTIVITIES OF EACH PARTY TO THE AGREEMENT; AND

(3)      EXCEPT IN ANNE ARUNDEL COUNTY, A PROVISION THAT ENTITLES
THE FIRE, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY TO OBTAIN
REIMBURSEMENT FROM THE APPROPRIATE FEDERAL AUTHORITY FOR ALL OR PART
OF THE COST OF PROVIDING FIRE PROTECTION ON PROPERTY UNDER THE
JURISDICTION OF THE UNITED STATES IN ACCORDANCE WITH FEDERAL LAW.

(D)     BENEFITS UNDER WORKERS' COMPENSATION LAW.

IF AN INDIVIDUAL ENGAGING IN AN ACTIVITY AUTHORIZED UNDER THIS
SECTION SUSTAINS AN INJURY THAT ARISES OUT OF THE ACTIVITY, THE INDIVIDUAL
IS ENTITLED TO ANY OR. ALL BENEFITS AVAILABLE UNDER THE MARYLAND
WORKERS' COMPENSATION ACT AS THE PRIMARY REMEDY FOR REIMBURSEMENT OF
EXPENSES FOR MEDICAL BILLS, LOSS OF EARNINGS, AND DISABILITY THAT ARISES
UNDER OR AS A RESULT OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 38.

In subsection (a) of this section, the former phrase "acting through
authorized agents" is deleted as surplusage.

Also in subsection (a) of this section, the former phrase "in their discretion"
is deleted as surplusage.

In subsection (b) of this section, the former phrase "to extinguish fires and
save lives on property which is under the jurisdiction of the United States"
is deleted as duplicative of what an agreement under this section may
provide for as stated in subsection (a) of this section.

In subsection (c)(2) and (3) of this section, the former reference to
"applicable" federal law is deleted as surplusage.

In subsection (c)(2) of this section, the reference to "hold" harmless is
substituted for the former reference to "save" harmless to use common
legal terminology.

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