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CIMA MEMBER SER4IES AGREEMENT e Approved At CIMA General Membership Meeting - 4/23/97 4.3 REIMBURSEMENT BY MUNICIPALITIES. GOVERNMENTAL ENTITIES. AND FIRE DEPARTMENTS - From time to time, municipalities, governmental entities, and fire departments (municipal or otherwise), who are CIMA Members, in the event of an ,actual or potential fire or ' emergency situation at a Non-CIMA Member's facility or involving a Non-CIMA Members property (such as a tanker truck fire on a public street), will request additional emergency personnel and equipment from CIMA to respond to the fire or emergency situation. In the event the Non-CIMA Member refuses to execute the CIMA NON-MEMBER EMERGENCY INCIDENT ASSISTANCE AND REIMBURSEMENT AND INDEMNIFICATION AGREEMENT, the municipality, governmental entity, or fire department (municipal or otherwise) is responsible for replacing material used, and repairing or replacing any equipment damaged or lost, in the control of the fire or emergency situation within the receiving Non- CIMA Members facilities or involving a Non-CIMA Member's property (such as a tanker truck fire on a public street), i.n kind or in cash at current prices. REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF (INCLUDING 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. . REIMBURSEMENT IS DEFINED IN SECTION 4.2. REIMBURSEMENT BY THE MUNICIPALITY. GOVERNMENTAL ENTITY. OR FIRE DEPARTMENT IS NOT CONTINGENT UPON REIMBURSEMENT BY THE NON-CIMA MEMBER TO THE MUNICIPALITY. GOVERNMENTAL ENTITY. OR FIRE DEPARTMENT. 4.4 SURVIVABILITY. ALL PROVISIONS CONCERNING REIM'9URSEMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL SURVIVE THE TERMINATION DATE. 4.5 GROSS NEGLIGENCE. WILLFUL MISCONDUCT. THE REIMBURSEMENT PROVISIONS OF SECTIONS 4.1 AND 4.3 ARE INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT IS DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 5