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CIMA MEMBER SER*S AGREEMENT • <br />Approved At CIMA General Membership Meeting - 4/23/97 <br />ARTICLE M <br />INDEMNIFICATION <br />5.1 MEMBER INDEMNIFICATION. EACH MEMBER <br />RECEIVING ASSISTANCE FROM OTHER CIMA MEMBERS, SHALL <br />INDEMNIFY, 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) ANID (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 />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 MEMBERS, USE OF EQUIPMENT OR EMPLOYEES OR <br />FROM THE RESPONSE ACTIONS UNDERTAKEN BY OTHER CIMA <br />MEMBERS. <br />THIS INDEMNIFICATION IS APPLICABLE TO ALL EVENTS <br />OCCURRING: (1) ON THE ACTUAL PROPERTY OF THE MEMBER <br />RECEIVING ASSISTANCE Olt (2) ON PROPERTY UNDER THE <br />COW ROL OF THE MEMBER RECEIVING ASSISTANCE (SUCH AS <br />LEASED WAREHOUSE SPACE). DEMANDS, CAUSES OF ACTION, <br />DAMAGES, INJURIES, FINE:;. 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 />THE MEMBER RECEIVING ASSISTANCE OR OFF OF PROPERTY <br />UNDER THE CONTROL OF THE MEMBER RECEIVING <br />ASSISTANCE, WILL BE GOVERNED BY COMMON LAW. <br />