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<br />-3- <br /> <br />D. <br /> <br />The damaged utility shall have the responsibility of providing <br />food and housing for the personnel of the assisting utility <br />from the time of their arrival at the designated location to <br />the time of their departure. The food and shelter provided <br />shall be subject to the approval of the supervisory personnel <br />of the assisting utility. <br /> <br />E. <br /> <br />The damaged utility shall have the responsibility of providing <br />communications between the personnel of the assisting utility <br />and the damaged utility. <br /> <br />ARTICLE IV. <br /> <br />REIMBURSABLE EXPENSES <br /> <br />The <br /> <br />terms <br /> <br />and <br /> <br />conditions <br /> <br />governing <br /> <br />reimbursement <br /> <br />for <br /> <br />any <br /> <br />assistance provided under this Agreement shall be <br /> <br />the <br /> <br />ag reed to <br /> <br />prior <br /> <br />to <br /> <br />providing <br /> <br />of <br /> <br />such assistance and shall be in accordance with the <br /> <br />following provisions: <br /> <br />A. <br /> <br />PERSONNEL- Durinq the the period of assistance, the assisting <br />utility shall continue to pay its employees according to its <br />then prevailing rules and regulations. The damaged utility <br />shall reimburse the assisting utility for all direct and <br />indirect costs and expenses incurred during the period of <br />assistance, including, but not limited to, employee pensions <br />and benefits. <br /> <br />B. <br /> <br />EQUIPMENT- The assisting utility shall be reimbursed for the <br />use of its equipment during the period of assistance according <br />to either a pre-established hourly rate or according to the <br />actual operation and maintenance expenses incurred. <br /> <br />C. <br /> <br />MATERIALS AND SUPPLIES- The assisting utility shall be <br />reimbursed for all materials and supplies furnished by it and <br />used or damaged during the period of assistance, unless such <br />damage is caused by negligence of the assisting utility's <br />personnel. The measure of reimbursement shall be the <br />replacement cost of the materials and supplies used or <br />damaged. In the alternative, the parties may agree that the <br />damaged utility will replace, with a like kind and quality as <br />determined by the assisting utility, the materials and <br />supplies used or damaged. <br /> <br />D. <br /> <br />PAYMENT- The assisting utility shall bill the damaged utility <br />for all reimbursable expenses not later than 30 days from the <br />period of hilling by the assistin gutility. The damaged <br />utility shall pay the bill in full not later than the 30 days <br />following the billing date. Unpaid bills shall become <br />delinquent upon the 60th day following the billing date and <br />once delinquent shall accrue interest at the rate of twelve <br />(12) percent per annum or the prevailing prime rate whichever <br />is less. <br /> <br />ARTICLE V. <br /> <br />LI ARI LI TY <br /> <br />A. <br /> <br />GENERAL RULE- Except as prohibited by law, the damaged utility <br />assumes sole and exclusive responsibility and liability during <br />the period of assistance for any and all claims arising from <br />loss, damage or injury to the personnel or property of the <br />assisting utility, the personnel or oropertyof the dama~ed <br />utility, and to third persons or their property. To the <br />extent authorized by the constitution and laws of the State <br />of Texas, the damaged utility agrees to indemnify and hold <br />harmless the assisting utility and the Texas Public Power <br />Association from any claims against it arising from such loss, <br />damage or injury including, but not limited to, Workers <br />Compensation claims, Group Insurance claims and Pension Plan <br />Bene fi ts. <br />