New Search
0 0 <br />3. Road Use. <br />3.1. Eugene shall cooperate in its use of the Road to minimize <br />interference with other users. <br />3.2 Giustina may impose reasonable traffic regulations for the use of <br />the Road, providing they are uniformly applicable. <br />3.3. Giustina may suspend or make a reduction in the further use of the <br />Road by Eugene during a period of danger or potential danger to timber, roads <br />and other property or to persons. Any suspension shall be based upon <br />reasonable grounds which may include but need not be limited to weather <br />conditions resulting in fire closure of an area, extreme fire hazard, road <br />conditions wherein continued use would result in excessive damage to the Road, <br />or traffic conditions where continued use would create extreme danger to lives or <br />property. <br />3.4. Eugene may not sever any tree on Giustina's real property without <br />Giustina's prior written consent. <br />4. Road Maintenance and Inspection. <br />4.1. Although it may do so, Giustina is not obligated to maintain the <br />Road. Giustina reserves the right to reconstruct and relocate the Road. In the <br />event Giustina does not elect to maintain the Road, Eugene shall have the right <br />to maintain the Road at its expense. <br />4.2. Eugene shall reimburse Giustina upon demand for Giustina's cosl <br />in repairing any damage to the Road caused by Eugene, its officers, employees, <br />contractors, agents, or invitees. <br />4.3. Each time Giustina, at Eugene's request, inspects any portion of <br />the Road, or meets with Eugene's representatives in connection with this <br />Agreement, then Eugene shall pay Giustina coincidentally therewith as an <br />inspection or consultation fee the sum of $200.00 which shall be in addition to <br />any other amounts required or to be paid Giustina by Eugene under the <br />provisions of this Agreement. <br />5. Insurance. While exercising any rights under this Agreement, Eugene <br />shall, at its expense, procure and maintain in full force insurance covering both legally <br />imposed and contractually assumed liability in the amount of One Million Dollars <br />($1,000,000) per occurrence as follows: <br />Comprehensive general liability insurance for the injury to or the death of <br />persons and for damage to property; and <br />b <br />EASEMENT AGREEMENT - 2 <br />Revised 8/19/2005 <br />