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CIMA MEMBER SEES AGREEMENT • <br />Approved At CIMA G eral Membership Meeting - 4/23/97 <br />CIMA MEMBER SERVICES AGREEMENT <br />THIS SERVICES AGREEMENT ("Services Agreement") is made as of the 23rd <br />day of April, 1997, by and between the undersigned Member ("Member" or <br />"CIMA Member") and Channel Industries Mutual Aid Organization ("CIMA" or <br />"CIMA Corporation), a Texas non-profit corporation. <br />RECITALS <br />A. CIMA is an organization whose primary purpose is the joining <br />together of fire -fighting, rescue, hazmat, and emergency medical manpower and <br />facilities among Houston Ship Channel industries for mutual assistance in case <br />of emergency situations — either natural or man-made, including but not limited to <br />acts of war or terrorism. <br />B. The Members of CIMA include companies that produce, transport, <br />own, use, refine and/or store chemical, oil, and/or petroleum products in or near <br />the Houston Ship Channel. The Members of CIMA also include municipalities <br />and governmental entities. <br />C. The Member is a Member of CIMA and as a Member of the CIMA <br />Corporation is entitled and obligated to enter into this Agreement. <br />D. The Member desires to contract with CIMA to provide standby <br />availability of, and the actual provision of, assistance with respect to emergency <br />fire protection and other'public safety matters on the terms and conditions set <br />forth herein. <br />AGREEMENTS <br />In consideration of the premises and mutual covenants set forth in this <br />Agreement, the parties hereto agree as follows: <br />ARTICLE U <br />DEFINITIONS <br />As used in this Agreement, the following terms shall have the following <br />meanings: <br />"Articles of Incorporation" and "Bylaws" shall mean the Articles of <br />Incorporation and the Bylaws of the CIMA Corporation that are in effect and will <br />be amended from time to time. <br />