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<br />ZZ..,1fARH' OJœ:IBtJS ImTtJAL AD) AGRBBIŒHT <br />Dated April 30, 1993 <br /> <br />AIt1'J:CL8 V - General Nature of Assistance. Assistance will generally be <br />. in the form of resources, such as equipment, supplies, and personnel. <br />Assistance shall be given only when LENDER determines that its own needs can <br />be met while rendering assistance. A potential LENDER shall not be held <br />liable for failing to provide assistance. A potential LENDER has the absolute <br />discretion to decline to provide any requested assistance. Resources are to <br />be made available on a loan basis with reimbursement terms varying with the <br />type of resource. <br /> <br />ARrXCL8 n - Loans of EauiÐment. Use of equipment such as construction <br />equipment, vehicles, tools, pumps and motors shall be at LENDER's current <br />equipment rate and subject to the following conditions: <br /> <br />(e) <br /> <br />(a) <br /> <br />At the option of LENDER, loaned equipment may be loaned with an <br />operator. <br /> <br />(b) <br /> <br />Loaned equipment shall be returned to LENDER within 24 hours after <br />receipt of an oral or written request. <br /> <br />(c) <br /> <br />BORROWER shall, at its own expense, supply all fuel, lubrication <br />and maintenance for loaned equipment. <br /> <br />(d) <br /> <br />LENDER's cost related to the transportation, handling and <br />loading/unloading of equipment shall be chargeable to BORROWER. <br /> <br />In the event loaned equipment is damaged while being dispatched to <br />BORROWER, or while in the custody and use of BORROlfBR, BORROWER <br />shall reimburse LENDER for the reasonable cost of repairing said <br />damaged equipment. If the equipment cannot be repaired, then <br />BORROWER shall reimburse LENDER for the cost of replacing such <br />equipment with equipment which the LENDER and BORROWER mutually <br />agree is of at least equal capability. If LENDER must lease a <br />piece of equipment while LENDER's equipment is being repaired or <br />replaced, BORROWER shall reimburse LENDER for such lease costs; <br />provided the duration and cost of such lease is mutually agreed to <br />by the parties in advance of leasing. . <br /> <br />AR'1"I:CLB vzz - ExchanQ'e of Supplies. BORROWER shall reimburse LENDER in <br />kind or at actual replacement cost, plus handling charges, for us~ of <br />expendable or nonreturnable supplies. Other supplies and reusable items which <br />are returned to LENDER in a clean damage-free condition shall not be charged <br />to the BORROWER and no rental fee will be charged; otherwise, they shall be <br />treated as expendable supplies. <br /> <br />AR'1"I:CL8: VJ:U - Personnel. LENDER will make such employees as are <br />willing to participate available to BORROWER at LENDER'S full cost, i.e., <br />equal to the employee's current salary or hourly wage plus fringe benefits and <br />overhead, and consistent with LENDER'S personnel union contracts or other <br />conditions of employment. Costs to feed and house loaned personnel, if <br />necessary, shall be chargeable to and paid by BORROWER. LENDER will not be <br />liable for cessation or slowdown of work if LENDER'S employees decline or are <br />reluctant to perform any assigned tasks if said employees judge such task to <br />be unsafe. <br /> <br />MRF703 <br /> <br />Page 2 of 3 <br /> <br />2 <br />