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April 27, 1994 <br />Requesting Party and by the amount of any insurance proceeds <br />received by the Assisting Party. <br />C. MATERIALS AND SUPPLIES - The Assisting Party shall be <br />reimbursed for -all materials and supplies furnished by it and <br />used or damaged during the period of assistance, except for the <br />costs of equipment, fuel and maintenance materials, labor and <br />supplies, which shall be included in the equipment rate <br />established in 3.B. above, unless such damage is caused by gross <br />negligence, willful and wanton misconduct, intentional misuse, or <br />recklessness of the Assisting Party,s personnel. The Assisting <br />Party's Personnel shall use reasonable care under the <br />circumstances in the operation and control of all materials and <br />supplies used by them during the period of assistance. The <br />measure of reimbursement shall be determined in accordance with <br />44 CPR 206.228. In the alternative, the Parties may agree that <br />the Requesting Party will replace, with like kind <br />p andquality as <br />determined by the Assisting Party, the materials and supplies <br />used or damaged. If such an agreement is made, it shall be <br />reduced to writing and transmitted to the Division. <br />D. RECORD KEEPING - The Assisting Party shall maintain <br />records and submit invoices for reimbursement by the Requesting <br />Party or the Division using format used or required by FEMA <br />publications, including 44 CFR part 13 and applicable Office of <br />Management and Budget Circulars. Requesting Party and Division <br />15 <br />