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<br />CIMA MEMBER SERVAs AGREEMENT e <br />Approved At CIMA Gen~1 Membership Meeting - 4/23/97 <br /> <br />5.2 GROSS NEGLIGENCE. WILLFUL MISCONDUCT. <br />CRIMINAL LAW. EACH MEMBER AGREES THAT THE <br />INDEMNITIES PROVIDED FOR IN THIS SERVICES AGREEMENT <br />SHALL BE EFFECTIVE REGARDLESS OF THE NEGLIGENT ACTS <br />OR OMISSIONS OF THE INDEMNIFIED PARTIES WHETHER SUCH <br />NEGLIGENCE BE SOLE. JOINT OR CONCURRENT. ACTIVE OR <br />PASSIVE AND REGARDLESS OF WHETHER LIABILITY WITHOUT <br />FAULT IS IMPOSED ON THE INDEMNIFIED PARTIES. EXCEPT TO <br />THE EXTENT THAT LIABILITY ARISES BY REASON OF THE <br />GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE <br />INDEMNIFIED PARTIES. IN ADDITION. NO MEMBER SHALL BE <br />LIABLE TO ANY INDEMNIFIED PARTY FOR ANY CLAIMS OR <br />PENALTIES ARISING OUT OF OR RESULTING FROM THE <br />INTENTIONAL VIOLATION OF ANY CRIMINAL LAW. <br /> <br />5.3 Insurance. Each Member also covenants and agrees that the <br />indemnity and hold harmless provisions are not limited, restricted, or in any way <br />affected by the amount of insurance carried by the indemnifying Member. <br /> <br />5.4 Non-member Indemnification. Prior to the provision of services or <br />release of equipment and material, CIMAor any CIMA Member(s) shall obtain or <br />attempt to obtain indemnification similar to the indemnification provisions of this <br />Article from any Non-member in connection with the receipt of services. <br /> <br />5.5 SURVIVABILITY. ALL INDEMNITIES MADE BY THE <br />MEMBER UNDER THIS AGREEMENT SHALL SURVIVE THE <br />TERMINATION DATE. <br /> <br />5.6 Financial Reauirements for Members. Each Member, excluding a <br />municipality or government agency or entity, hereby warrants that it is capable of <br />meeting the financial obligations associated with the indemnification referenced <br />in this section by having in place and keeping in place at all times during the <br />Members participation in CIMA one of the following: <br /> <br />(a) Liability insurance coverage (in any combination of primary <br />or umbrella or excess liability policy) with a third-party insurer in an amount not <br />less than $10,000,000 (ten million dollars/U.S.) per occurrence; or <br /> <br />'(b) Net worth in an amount not less than $20,000,000 (twenty <br />million dollars/U.S.). <br /> <br />7 <br />