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CIMA NON-MEMBERERGENCY ASSISTANCE AGREEMEi <br />Approved At CIMA G al Membership Meeting - 4/23/97 <br />thereof shall be deemed omitted and the remaining terms shall nevertheless be <br />carried into effect. <br />3.6 Waiver. The waiver of a breach of any term or condition of this <br />Agreement shall not be deemed to constitute the waiver of any other breach of <br />the same or any other term or condition. <br />3.7 Number and Gender. Whenever required by the context, the singular <br />number shall include the plural, and the masculine or neutral gender shall <br />include all genders. <br />3.8 Entire Agreement. This Agreement contains the entire understanding <br />between the parties and supersedes any prior written or oral agreements <br />between them respecting the subject matter contained herein. <br />3.9 Assignment: Binding Effect. COMPANY may not assign its rights and <br />obligations under this Agreement. Subject t6and without affecting the <br />prohibitions herein with respect to assignment, this Agreement shall be binding <br />on the parties and their respective: successors and assigns. <br />'3.10 Non-members. Nothing in this Agreement shall entitle any person or <br />entity not a party to this Agreement to institute any claims, causes of action, <br />remedy, or right of any kind arising out of the operations conducted pursuant to <br />this Agreement. <br />3.11 Term. Unless earlier terminated by COMPANY or CIMA Corporation, <br />this Agreement shall remain in force for so long as COMPANY is engaged in <br />response activities relating to the Incident. NOTWITHSTANDING SECTION <br />3.11 OF THIS ARTICLE, THE: REIMBURSEMENT PROVISIONS AND <br />INDEMNITIES CONTAINED IN THIS AGREEMENT SHALL REMAIN <br />IN EFFECT BEYOND THE TERMINATION OF RESPONSE <br />ACTIVITIES UNDER THIS AGREEMENT. <br />5 <br />