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4. COVENANT TO INDEMNIFY OTHER PARTICIPANTS AGAINST CLAIMS <br />BY THIRD PARTIES <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, demands, <br />liabilities, costs and damages (including reasonable attorneys' <br />fees and costs of defense) for personal injury or property damage <br />incurred by any third person, or, entity, not a party to this <br />Agreement as a result of any defect or dangerous condition of any <br />real property, structures, facilities, tools, vehicles, <br />equipment, machinery, materials, personal property or other <br />items, supplied or contributed for the use of VEPO by that VEPO <br />Participant. <br />5. COVENANT TO INDEMNIFY OTHER PARTICIPANTS FOR ACTS OF <br />OFFICERS AND EMPLOYEES <br />Except as provided in Paragraph 6 hereof, while carrying out <br />their functions and activities under the Emergency Response Plan, <br />each agent, employee and officer of a VEPO Participant shall <br />continue to act within the scope and duties of his employment or <br />relationship with that VEPO Participant and shall not be deemed <br />to be, or act in the capacity of, an agent, employee or officer <br />of VEPO or of any of the remaining VEPO Participants. Except as <br />provided in Paragraph 6 hereof, each VEPO Participant agrees to <br />assume the entire risk of loss and to indemnify and hold the <br />remaining VEPO Participants harmless from any and all claims., <br />liabilities or damages for personal injury incurred by any VEPO <br />Participant, its officers, employees or agents or any third <br />4 <br />0 <br />