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:II - WARN OKN:rBtJS XUTtJAL A:.L.. AGRBBIŒNT Dated Apr:i1 30, 1993 ARrXCLB V - General Nature of Assistance. Assistance will generally be , in the form of resources, such as equipment, supplies, and personnel. Assistance sha1l be given only when LENDER determines that its own needs can be met while rendering assistance. A potential LENDER shall not be held 1iable for failing to provide assistance. A potentia1 LENDER has the absolute discretion to decline to provide any requested assistance. Resources are to be made avai1ab1e on a loan basis with reimbursement terms varying with the type of resource. ARTJ:CLB VJ: - Loans of Eaui'Dment. Use of equipment such as construction equipment, vehicles, tools, pumps and motors shall be at LENDER's current equipment rate and subject to the following conditions: (a) At the option of LENDER, loaned equipment may be loaned with an operator. (b) Loaned equipment shall be returned to LENDER within 24 hours after receipt of an oral or written request. (c) BORROWER shall, at its own expense, supply all fuel, lubrication and maintenance for loaned equipment. (d) LENDER's cost related to the transportation, handling and loading/unloading of equipment shall be chargeable to BORROWER. (e) In the event loaned equipment is damaged while being dispatched to BORROWER, or while in the custody and use of BORROWER, BORROWER shall reimburse LENDER for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired, then BORROWER shall reimburse LENDER for the cost of replacing such equipment with equipment which the LENDER and BORROWER mutually agree is of at least equal capability. If LENDER must lease a piece of equipment while LENDER's equipment is being repaired or replaced, BORROWER shall reimburse LENDER for such lease costs; provided the duration and cost of such lease is mutually agreed to by the parties in advance of leasing. ARTJ:CLB VJ:J: - Exchanqe of SU'D'Dlies. BORROWER shall reimburse LENDER in kind or at actual replacement cost, plus handling charges, for use of expendable or nonreturnable supplies. Other supplies and reusable items which are returned to LENDER in a clean damage-free condition shall not be charged to the BORROWER and no rental fee will be charged; otherwise, they shall be treated as expendable supplies. ARTJ:CLB VXZX - Personnel. LENDER will make such employees as are willing to participate available to BORROWER at LENDER'S full cost, i.e. , equal to the employee's current salary or hourly wage plus fringe benefits and overhead, and consistent with LENDER'S personnel union contracts or other conditions of employment. Costs to feed and house loaned personnel, if necessary, shall be chargeable to and paid by BORROWER. LENDER will not be liable for cessation or slowdown of work if LENDER'S employees decline or are reluctant to perform any assigned tasks if said employees judge such task to be unsafe. Page 2 of 3 12148 MRF703 2 'T