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<br />Comprehensive automobile liability insurance for the injury to or the death
<br />of persons and for damage to property covering all motor vehicles utilized
<br />by Eugene.
<br />6. Indemnification. Eugene hereby covenants and agrees to protect,
<br />defend, indemnify, save, and hold Giustina, its partners, employees, agents, and
<br />property free, clear, and harmless from any and all liability, loss, costs, charges,
<br />penalties, obligations, expenses, reasonable attorney fees, litigation, judgments,
<br />damages, claims, and demands of any kind whatsoever in connection with or arising
<br />out of or by reason of any violation of law, ordinance, or regulation, including those
<br />pertaining to hazardous substances, by Eugene, its officers, employees, contractors,
<br />subcontractors, agents, and invitees, or by reason of any injury or damage however
<br />occurring to any person or persons whomsoever or to the property of any kind
<br />whatsoever and to whomsoever belonging from any cause or causes whatsoever while
<br />in, upon, about, or in any way connected with Eugene's operations or use of the Road
<br />and any road on Giustina's real property, including any damage or liability from fire
<br />which may either exist or spread from that real property or the Road and all costs and
<br />expenses in connection with or on account of the protection of that real property against
<br />fire or the suppression of any fire thereon. Eugene's indemnity hereunder shall survive
<br />the expiration or termination of this Agreement.
<br />7. Compliance with Law; Fire.
<br />7.1. Eugene shall comply with all applicable laws, rules, and regulations
<br />of governmental authority relating to its activity, including without limitation, all
<br />applicable federal, state, and local laws, regulations, and ordinances pertaining
<br />to air and water quality, hazardous materials, and other environmental matters,
<br />and those pertaining to the prevention, suppression, and control of fire.
<br />7.2. To the extent not inconsistent with its covenants under the
<br />provisions of Section 7.1, Eugene shall take all reasonable precautions for the
<br />prevention and suppression of fire in connection with its use of the Road or the
<br />exercise of its rights under this Agreement. Eugene shall immediately proceed
<br />to control and extinguish fires, limited up to and including a campfire size fire,
<br />existing on or spreading from lands or roads on which it is operating,
<br />notwithstanding the origin or subsequent spread thereof when its existence
<br />becomes known to Eugene, and shall immediately notify Giustina, the Oregon
<br />Department of Forestry, and, if appropriate, the Forest Protective Association or
<br />rural fire department, of the fire's existence and shall cooperate with and make
<br />available to these organizations all men and equipment at that party's disposal to
<br />combat the fire, to the limit of training and experience of Eugene personnel.
<br />Eugene personnel will immediately be released from responsibility once enough
<br />fire personnel are on scene to adequately combat the fire or when released by
<br />the fire personnel in charge. Furthermore, Eugene radio personnel will are
<br />required to carry with them various means of communication, not limited to two-
<br />way radio and or cellular telephones, which will allow them to adequately
<br />communicate to the Central Communications Center to report a fire, to the rural
<br />EASEMENT AGREEMENT - 3
<br />Revised 8/19/2005
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