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<br /> <br />-4- <br />This Agreement shall be governed by the laws of the State of California. <br /> <br />ARTICLE III <br />POWERS AND OTHER RESPONSIBILITIES <br />1. Non-relinquishment of Authority <br />a. Notwithstanding any part of this Agreement to the contrary, each Party retains, <br />and in no way relinquishes its powers or responsibilities to determine and adopt <br />its own fire prevention and response procedures. <br />b. It is not intended by this Agreement to create, and nothing in this Agreement shall <br />create, any partnership, joint venture, or similar arrangement among the Parties <br />hereto. <br />2. Primary Responsibility <br />It is understood and agreed that this Agreement shall not relieve any Party from the <br />necessity and obligation of using its own resources for furnishing primary fire protection <br />services within any part of its own jurisdiction, and that the Party’s services will be <br />dependent upon the existing emergency conditions within its own jurisdiction and the <br />status of its resources. <br />3. Labor Disputes <br />a. Should a labor controversy occur, the duly authorized representatives for the <br />Parties shall meet to discuss the effect of the controversy on this Agreement. <br />b. It is not the intent of this agreement to provide day-to-day fire protection. <br />4. Other Parties <br />a. This Agreement shall not be construed as or deemed to be an agreement for the <br />benefit of anyone not a Party hereto, and anyone who is not a Party hereto shall <br />not have a right or claim or action hereunder for any cause whatsoever. No third- <br />party beneficiaries are contemplated or created hereby and no person, <br />organization, or entity not a party hereto shall derive any rights here from. <br />b. Nothing in this Agreement shall limit the ability of a Party from agreeing to <br />participate in contracts for services, mutual assistance, or automatic response. <br />5. Independent Contractors <br />a. The Parties, for all purposes of this Agreement, are deemed to be independent <br />contractors and nothing herein creates the relationship of employer and employee <br />or agent between the Parties, or between one Party’s employees, agents or <br />contractors and the other Party. <br />Docusign Envelope ID: 2116ABC8-4A4A-8B43-82A0-6C965050EDC5