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subject of such claim, action, demand or other proceeding, is the <br />execution and approval of the VEPO Emergency Response Plan and <br />this Agreement. Such indemnification shall include indemnity for <br />all claims, demands, liability, damages and costs, including <br />reasonable attorneys' fees and other costs of defense, for <br />personal injury and property damage and is not waived as a result <br />of the uninvolved party's negligent or willful failure to respond <br />in accordance with the VEPO Emergency Response Plan. <br />3. COVENANT NOT TO SUE OTHER PARTICIPANTS <br />Each VEPO Participant agrees to assume .the entire risk of <br />loss and to indemnify and hold each of the remaining VEPO <br />Participants harmless from any and all claims, liability, or <br />damages for personal injury or property damage incurred by that <br />VEPO Participant or its agents, employees or officers as a result <br />of any defect or dangerous condition of any real property, <br />structures, facilities, tools, vehicles, equipment, machinery, <br />materials, personal property or other items supplied or <br />contributed for the use of VEPO by itself or any other VEPO <br />Participant. The right to indemnification shall not be barred by <br />the passive negligence of the VEPO Participant which supplies or <br />contributes the real or personal property for use by VEPO, <br />including, but not limited to, the failure to warn of or take <br />action to correct any defect or dangerous condition if the defect <br />or dangerous condition was not the result of active negligence on <br />the part of that VERO Participant or its agents, employees or <br />officers. <br />3 <br />