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0 0 <br />ANY EMPLOYEE) AND FOR LOSS OR DAMAGE TO ANY PROPERTY <br />OWNED OR OPERATED BY CIMA CORPORATION, A CIMA MEMBER, OR <br />ANY OTHER PERSON OR ENTITY (INCLUDING ANY EQUIPMENT AND <br />ANY NATURAL RESOURCES) RESULTING DIRECTLY OR INDIRECTLY <br />FROM THE RECEIVING MEMBER'S USE OF EQUIPMENT OR <br />EMPLOYEES OR FROM THE RESPONSE ACTIONS UNDERTAKEN BY <br />OTHER CIMA MEMBERS. <br />THIS INDEMNIFICATION IS APPLICABLE TO ALL <br />EVENTS OCCURRING: (1) ON THE ACTUAL PROPERTY OF THE <br />MEMBER RECEIVING ASSISTANCE OR (2) ON PROPERTY UNDER THE <br />CONTROL OF THE MEMBER RECEIVING ASSISTANCE (SUCH AS <br />LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION, <br />DAMAGES, INJURIES, FINES, LIABILITY, LOSSES OF ANY KIND OR <br />CHARACTER FOR SICKNESS OR DEATH OF ANY PERSON (INCLUDING <br />ANY EMPLOYEE). AND FOR LOSS OR DAMAGE TO ANY PROPERTY <br />OCCURRING OFF OF THE ACTUAL PROPERTY OF THE MEMBER <br />RECEIVING ASSISTANCE OR OFF OF PROPERTY UNDER THE CONTROL <br />OF THE MEMBER RECEIVING ASSISTANCE, WILL BE GOVERNED BY <br />COMMON LAW. <br />EACH CIMA MEMBER AGREES THAT THE <br />INDEMNITIES PROVIDED FOR IN THESE BY-LAWS AND IN THE <br />SERVICES AGREEMENT SHALL BE EFFECTIVE REGARDLESS OF THE <br />NEGLIGENT ACTS OR OMISSIONS OF CIMA CORPORATION OR ANY <br />CIMA MEMBER WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR <br />CONCURRENT, ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER <br />LIABILITY WITHOUT FAULT IS IMPOSED ON CIMA CORPORATION OR <br />ANY CIMA MEMBER, EXCEPT TO THE EXTENT THAT LIABILITY ARISES <br />4/23/97 <br />