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Kane County to send draft liability waiver to Kanab City with HAZMAT language added
Summary
After an extended discussion about scope and liability, the county voted to forward a draft waiver of liability and emergency response agreement to Kanab City with HAZMAT added; Kanab City representatives raised concerns about negligence clauses and the absence of contractual consideration.
Kane County commissioners on April 29 approved, unanimously, a motion to finalize the initial proposal of a waiver of liability and emergency response agreement with Kanab City and to send that draft to the city with HAZMAT language added for the city’s review.
The agreement is intended to authorize Kanab City personnel to respond outside city limits in specified unincorporated areas, and county legal staff said the draft contemplates the county assuming liability for responses outside the city’s jurisdiction. Kanab City representatives and counsel said the draft as written could leave the city exposed to…
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