O-1999-2308 - Laserfiche WebLink

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e e MEMBER'S USE OF EQUIPMENT OR EMPLOYEES OR FROM THE RESPONSE ACTIONS UNDERTAKEN BY OTHER CIMA MEMBERS. (ii) REIMBURSEMENT - Each Member receiving assistance" from other CIMA Members, shall replace material used, and repair or replace any equipment damaged or lost, in the control of a fire or emergency situation within the receiving Member's facilities or on property under the control of the Member receiving assistance (such as leased warehouse space), in kind or in cash at current prices; provided that, the material and/or equipment was furnished by other CIMA Members in response to a properly placed request under Section 3.2 of the CIMA Member Services Agreement. REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF {INCLU~ING DAMAGE OR LOSS CAUSED BY PRE-EXISTING CONDITIONS) OR THE NEGLIGENCE OF ANY PARTY OR PARTIES.. INCLUDING THE OWNER OR OPERATOR. WHETHER SUCH NEGLIGENCE BE SOLE. JOINT OR CONCURRENT. ACTIVE OR PASSIVE. THIS REIMBURSEMENT PROVISION IS INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT IS DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Damage to and loss of equipment refers to damage and loss as a result of tl e emergency situation rather than from the wear and tear expected in the normal operation of the equipment. The owner of damaged or lost equipment is entitled to replacement of the equipment if repair of the equipment is not feasible for economic or other reasons. The cost of replacement in that circumstance will be the current cost, in the Greater Houston Metropolitan Area, of new equipment with specifications similar to that of the equipment to be replaced. The current cost of new, similar equipment is to be determined as of the date of the damage or loss that necessitates the replacement of the equipment. 4n.3/97 6