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<br />CIMA MEMBER SEaES AGREEMENT e <br />Approved At CIMA General Membership Meeting - 4/23/97 <br /> <br />emergency situation at another CIMA Members facility under this Services <br />Agreement. <br /> <br />3.5 Designated Emeroencies - Activity Direction. Any CIMA Member <br />requesting aid must designate a representative to meet such aid as is <br />dispatched, provide a parking location, and/or directions to the emergency <br />scene. To receive aid, CIMA Members' emergency plans or supplement to such <br />emergency plans, must contain the provisions specified in the CIMA Operating <br />Procedures. Officials of the CIMA Member receiving assistance will be <br />responsible for directing fire fighting or emergency activities. Officials of the <br />CIMA Member receiving assistance may request the CIMA Specialist Group to <br />provide consultation, advice, or otherwise assist as needed. <br /> <br />ARTICLE IV <br /> <br />REIMBURSEMENT <br /> <br />4.1 MEMBER REIMBURSEMENT. Each Member receiving <br />assistance from other CIMA Members, shall replace material used, and repair or <br />replace any equipment damaged or lost, in the control of a fire or emergency <br />situation within the receiving Members facilities or on property under the control <br />of the Member receiving assistance (such as leased warehouse space), in kind <br />or in cash at current prices; provided that, the material and/or equipment was <br />furnished by other CIMA Members in response to a properly placed request <br />under Section 3.2. REIMBURSEMENT OF DAMAGED OR LOST <br />EQUIPMENT IS REQUIRED WITHOUT REGARD TO THE CAUSE OR <br />CAUSES THEREOF (INCLUDING DAMAGE OR LOSS CAUSED BY <br />PRE-EXISTING CONDITIONS) OR THE NEGLIGENCE OF ANY <br />PARTY OR PARTIES. INCLUDING THE OWNER OR OPERATOR. <br />WHETHER SUCH NEGLIGENCE BE SOLE. JOINT OR <br />CONCURRENT. ACTIVE OR PASSIVE. <br /> <br />4.2 Reimbursement Definition. Damage to and loss of equipment refers <br />to damage and loss as a result of the emergency situation rather than from the <br />wear and tear expected in the normal operation of the equipment. The owner of <br />damaged or lost equipment is entitled to replacement of the equipment if repair <br />of the equipment is not feasible for economic or other reasons. The cost of <br />replacement in that circumstance will be the current cost, in the Greater Houston <br />Metropolitan Area, of new equipment with specifications similar to that of the <br />equipment-to be replaced. The current cost of new, similar equipment is to be <br />determined as of the date of the damage or loss that necessitates the <br />replacement of the equipment. <br /> <br />4 <br />