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BOOK -404 PAGE 699
<br />Section Vlll. RIGHTS AND PRIVILEGES OF PROVIDER'S EMPLOYEES
<br />Pursuant to G.S. 166A-14, whenever Provider's employees are rendering aid and
<br />assistance pursuant to this Agreement, such employees shall retain the same powers,
<br />duties, immunities, and privileges they would ordinarily possess ifperfonning their
<br />duties within the geographical limits of Provider.
<br />Section IX. PROVIDER'S EMPLOYEES COVERED AT ALL TIMES BY
<br />PROVIDER'S WORKERS' COMPENSATION POLICY
<br />Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to
<br />Provider's employees under the terns of the North Carolina Workers' Compensation Act,
<br />Chapter 97 of the General Statutes, due to personal injury or death occurring during the
<br />period of time such employees are engaged in the rendering of aid and assistance tinder
<br />this Agreement. It is mutually understood that Recipient and Provider shall be
<br />responsible for payment of such workers' compensation benefits only to their own
<br />respective employees. Further, it is mutually understood that Provider will be entirely
<br />responsible for the payment of workers' compensation benefits to its own respective
<br />employees pursuant to G.S. 97-51.
<br />Section X. IMMUNITY
<br />Pursuant to G.S. 166A-14, all activities performed under this Agreement are hereby
<br />declared to be governmental functions. Neither the parties to this Agreement, nor, except
<br />in cases of willful misconduct, gross negligence, or bad faith, their personnel complying
<br />with or reasonably attempting to comply with this Agreement or any ordinance, order,
<br />rule, or regulation enacted or promulgated pursuant to the provisions of this Agreement
<br />shall be liable for the death of or injury to persons, or for damage to property as a result
<br />of any such activity.
<br />Section X1. PARTIES MUTUALLY AGREE TO HOLD EACH OTHER
<br />HARMLESS FROM LIABILITY
<br />Each parry (as indemnitor) agrees to protect, defend, indemnify, and hold the other parry
<br />(as indemnitee), and its officers, employees and agents, free and harmless from and
<br />against any and all losses, penalties, damages, assessments, costs, charges, professional
<br />fees, and other expenses or liabilities of every kind and arising out of or relating to any
<br />and all claims, liens, demands, obligations, actions, proceedings, or causes of action of
<br />every kind in connection with or arising out of indemmnitor's negligent acts, errors and/or
<br />omissions. Indemnitor further agrees to investigate, handle, respond to, provide defense
<br />for, and defend any such claims, etc. at indemnitor's sole expense and agrees to bear all
<br />other costs and expenses related thereto. To the extent that immunity does not apply, each
<br />party shall bear the risk of its own actions, as it does with its day-to-day operations, and
<br />determine for itselfwhat kinds of insurance, and in what amounts, it should carry. Each
<br />party understands and agrees that any insurance protecuon obtained shall in no way limit
<br />the responsibility to indemnify, keep, and save harmless the other parties to this
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