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CIMA NON-MEMBER JERGENCY ASSISTANCE AGREEMEN6 Approved At CIMA Ge I Membership Meeting - 4/23/97 <br />OF ANY PERSON (INCLUDING ANY EMPLOYEE), AND FOR LOSS <br />OR DAMAGE TO ANY PROPERTY OWNED OR OPERATED BY CIMA <br />CORPORATION, A CIMA MEMBER, OR ANY OTHER PERSON OR <br />ENTITY (INCLUDING ANY EQUIPMENT AND ANY NATURAL <br />RESOURCES) RESULTING DIRECTLY OR INDIRECTLY FROM THE <br />RECEIVING COMPANY'S USE OF EQUIPMENT OR EMPLOYEES OR <br />FROM THE RESPONSE ACTIONS UNDERTAKEN BY CIMA <br />CORPORATION OR CIMA MEMBERS. <br />THIS INDEMNIFICATION IS APPLICABLE TO ALL EVENTS <br />OCCURRING: (1) ON THE ACTUAL PROPERTY OF COMPANY <br />RECEIVING ASSISTANCE OIR (2) ON PROPERTY UNDER THE <br />CONTROL OF THE COMPANY RECEIVING ASSISTANCE (SUCH AS <br />LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION, <br />DAMAGES, INJURIES, FINES, LIABILITY, LOSSES OF ANY KIND <br />OR CHARACTER FOR SICKNESS OR DEATH OF ANY PERSON <br />(INCLUDING ANY EMPLOYEE), AND FOR LOSS OR DAMAGE TO <br />ANY PROPERTY OCCURRING OFF OF THE ACTUAL PROPERTY OF <br />COMPANY RECEIVING ASSISTANCE OR OFF THE PROPERTY <br />UNDER THE CONTROL OF THE COMPANY RECEIVING <br />ASSISTANCE, WILL BE GOVERNED BY COMMON LAW. <br />2.2 GROSS NEGLIGENCE, WILLFUL MISCONDUCT, <br />CRIMINAL LAW. COMPANY AGREES THAT THE INDEMNITIES <br />PROVIDED FOR IN THIS AGREEMENT SHALL BE EFFECTIVE <br />REGARDLESS OF THE NEGLIGENT ACTS OR OMISSIONS OF THE <br />INDEMNIFIED PARTIES WHETHER SUCH NEGLIGENCE BE SOLE, <br />JOINT OR CONCURRENT, ACTIVE OR PASSIVE, AND <br />REGA .IDLESS OF WHETHER LIABILITY WITHOUT FAULT IS <br />IMPOSED ON THE INDEMNIFIED PARTIES, EXCEPT TO THE <br />EXTENT THAT LIABILITY ARISES BY REASON OF THE GROSS <br />NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNIFIED <br />PARTIES. IN ADDITION, TI4E COMPANY SHALL NOT BE LIABLE <br />TO ANY INDEMNIFIED PARTY FOR ANY CLAIMS OR PENALTIES <br />ARISING OUT OF OR RESULTING FROM THE INTENTIONAL <br />VIOLATION OF ANY CRIMINAL LAW. <br />