Laserfiche WebLink
CIMA NON-MEMBER §WRGENCY AS<'ISTANCE AGREEMEN� <br />Approved At CIMA GeAW1 Membership Meeting - 4/23/97 <br />THEREOF (INCLUDING DAMAGE OR LOSS CAUSED BY PRE- <br />EXISTING CONDITIONS) OR THE NEGLIGENCE OF ANY PARTY OR <br />PARTIES INCLUDING THE OWNER OR OPERATOR, WHETHER <br />SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE <br />OR PASSIVE. THIS REIMBURSEMENT OBLIGATION IS <br />INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT <br />IS DAMAGED -OR LOST BY REASON OF GROSS NEGLIGENCE OR <br />WILLFUL MISCONDUCT. <br />1.2 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 />1.3 SURVIVABILITY. ALL PROVISIONS CONCERNING <br />REIMBURSEMENT OBLIGATIONS UNDER THIS AGREEMENT <br />SHALL SURVIVE THE TERMINATION DATE. <br />ARTICLE DI <br />INDEMNIFICATION <br />2.1 INDEMNIFICATION. COMPANY RECEIVING ASSISTANCE <br />FROM CIMA CORPORATION OR CIMA MEMBERS. SHALL <br />INDEVNIFY, DEFEND AND (HOLD HARMLESS (A) CIMA; AND (B) <br />EACH AND EVERY CIMA MEMBER AND THE AGENTS, <br />DIRECTORS, OFFICERS AND EMPLOYEES THEREOF PROVIDING <br />ASSISTANCE (BOTH (A) AND (B) HEREINAFTER "INDEMNIFIED <br />PARTIES"), FROM AND AGAINST ANY AND ALL DEMANDS, <br />CAUSES OF ACTION, DAMAGES, INJURIES. FINES (INCLUDING <br />PENALTIES OR OTHER CHARGES OR COSTS IMPOSED BY ANY <br />FEDERAL.. STATE OR LOCAL AUTHORITY), LIABILITY, ATTORNEY <br />FEES, LITIGATION COSTS ,AND EXPENSES, AND LOSSES OF ANY <br />KIND OR CHARACTER FOR. SICKNESS OR INJURY TO OR DEATH <br />2 <br />