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CIMA MEMBER SEES AGREEMENT , <br />Approved At CIMA General Membership Meeting - 4/23/97 <br />4.3 REIMBURSEMENT BY MUNICIPALITIES, <br />GOVERNMENTAL ENTITIES, AND FIRE DEPARTMENTS - From time <br />to time, municipalities, governmental entities, and fire departments (municipal or <br />otherwise), who are CIMA Members, in the event of an.actual or potential fire or <br />emergency situation at a Non-CIMA Member's facility or involving a Non-CIMA <br />Member's property (such as a tanker truck fire on a public street), will request <br />additional emergency personnel and equipment from CIMA to respond to the fire <br />or emergency situation. In the event the Non-CIMA Member refuses to execute <br />the CIMA NON-MEMBER EMERGENCY INCIDENT ASSISTANCE AND <br />REIMBURSEMENT AND INDEMNIFICATION AGREEMENT, the municipality, <br />governmental entity, or fire department (municipal or otherwise) is responsible <br />for replacing material used, and repairing or replacing any equipment damaged <br />or lost, in the control of the fire or emergency situation within the receiving Non- <br />CIMA Member's facilities or involving a Non-CIMA Member's property (such as a <br />tanker truck fire on a public street), in kind or in cash at current prices. <br />REIMBURSEMENT OF DAMAGED OR LOST EQUIPMENT IS <br />REQUIRED WITHOUT REGARD TO THE CAUSE OR CAUSES <br />THEREOF (INCLUDING DANIAGE OR LOSS CAUSED BY PRE- <br />EXISTING CONDITIONS) OFt 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. REIMBURSEAl1ENT IS DEFINED IN SECTION 4.2. <br />REIMBURSEMENT BY THE IMUNICIPALITY, GOVERNMENTAL <br />ENTITY, OR FIRE DEPARTMENT IS NOT CONTINGENT UPON <br />REIMBURSEMENT BY THE NON-CIMA MEMBER TO THE <br />MUNICIPALITY, GOVERNMENTAL ENTITY, OR FIRE <br />DEPARTMENT. <br />4.4 SURVIVABILITY. ALL PROVISIONS CONCERNING <br />REIMBURSEMENT OBLIGATIONS UNDER THIS AGREEMENT <br />SHALL SURVIVE THE TERMIINATION DATE. <br />4.5 GROSS NEGLIGENCE, WILLFUL MISCONDUCT. THE <br />REIMBURSEMENT PROVISIONS OF SECTIONS 4.1 AND 4.3 ARE <br />INAPPLICABLE TO THE EXTENT THAT MATERIAL OR EQUIPMENT <br />IS DAMAGED OR LOST BY REASON OF GROSS NEGLIGENCE OR <br />WILLFUL MISCONDUCT. <br />5 <br />