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<br />e <br /> <br />e <br /> <br />IS INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT IS <br />DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT. <br /> <br />Damage to and loss of equipment refers to damage and loss as a <br />result of the emergency situation rather than from the wear and tear expected in the <br />normal operation of the equipment. The owner of damaged or lost equipment is entitled <br />to replacement of the equipment if repair of the equipment is not feasible for economic <br />or other reasons. The cost of replacement in that circumstance will be the current cost, <br />in the Greater Houston Metropolitan Area, of new equipment with specifications similar <br />to that of the equipment to be replaced. The current cost of new, similar equipment is <br />to be determined as of the date of the damage or loss that necessitates the <br />replacerT)ent of the equipment. <br />ALL REIMBURSEMENT OBLIGATIONS MADE BY THE <br />MUNICIPALITY. GOVERNMENTAL ENTITY. OR FIRE DEPARTMENT <br />UNDER THE CIMA MEMBER SERVICES AGREEMENT SHALL SURVIVE <br />THE TERMINATION DATE. <br />(iv) INDEMNIFICATION. EACH MEMBER RECEIVING <br />ASSISTANCE FROM OTHER CIMA MEMBERS. SHALL INDEMNIFY. <br />DEFEND AND HOLD HARMLESS (A) CIMA CORPORATION: AND on <br /> <br />.. <br />EACH A ND EVERY CIMA MEMBER AND THE AGENTS, DIRECTORS. <br />OFFICERS. AND EMPLOYEES THEREOF PROVIDING ASSISTANCE. <br />FROM AND AGAINST ANY AND ALL DEMANDS. CAUSES OF ACTION. <br />DAMAGES. INJURIES. FINES (INCLUDING PENALTIES OR OTHER <br />CHARGES OR COSTS IMPOSED BY ANY FEDERAL. STATE OR LOCAL <br />AUTHORITY). LIABILITY. ATTORNEY FEES. LITIGATION COSTS AND <br />EXPENSES. AND LOSSES OF ANY KIND OR CHARACTER FOR <br />SICKNESS OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING <br /> <br />4/23/97 <br /> <br />8 <br />