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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 substancek by_ Eugene, its officers, employees, contractors, comment: Am I reading this
<br />correctly - that we're agreeing to
<br />subcontractors, agents, and invitees, or by reason of any injury or damage however protect and indemnify Giustina
<br />occurring to any person or persons whomsoever or to the property of any kind against ciusTINA's breaking the
<br />whatsoever and to whomsoever belonging from any cause or causes whatsoever while ayJl,
<br />in, upon, about, or in any way connected with Eugene's operations or use of the Road Formatted: Font color: Red
<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. Eugene shall take all reasonable precautions for the prevention
<br />and suppression of fire in connection with its use of the Road or the.exerclse of
<br />its rights under this Agreement. Eugene shall immediately proceed to control
<br />and extinguish fires, limited up to and including a campfire size fire, existing-.0-n-
<br />or spreading from lands or roads on which it is operating, notwithstanding the
<br />origin or subsequent spread thereof when its existence becomes known to
<br />Eugene, and shall immediately notify Giustina, the Oregon Department of
<br />Forestry, and, if appropriate, the Forest Protective Association or rural fire
<br />department, of the fire's existence and shall cooperate with and make available
<br />to these organizations all men and equipment at that party's disposal to combat
<br />the fire to the limit of training and experience of Eugene personnel. Eugene
<br />fire personnel in charge Furthermore Eugene radio personnel will carry with
<br />them various means of communication not limited to two-way radio and or'
<br />cellular telephones which will allow them to adequately communicate to the
<br />adequate fire personnel are on scene Eugene will provide escort or guidance to
<br />fire department responders to the fire scene~
<br />8. Representation. Giustina makes no representation as to the present or
<br />future condition of its real property or the character of traffic on the Road. Eugene
<br />assumes all risk of damage to its property or injury to itself, employees, contractors,
<br />agents and invitees arising out of the condition of Giustina's real property or the type of
<br />traffic on any of the Road except as may be caused by the negligent act or omission of
<br />Formatted: Font color: Red
<br />Deleted: and will be limited up to
<br />and including a campfire size fire.
<br />Inserted: and will be limited up to
<br />and including a .campfire size fire.
<br />Deleted: who
<br />Inserted: who will immediately be
<br />released from responsibility once
<br />enough fire personnel are on scene
<br />to adequately combat the fire or when
<br />released by the fire personnel In
<br />charge. Furthermore, Eugene radio
<br />personnel will carry with them various
<br />means of communication, not limited
<br />to two-way radio and or cellular
<br />telephones, which will allow them to
<br />adequately communicate to the
<br />Central Communications Center to
<br />report a fire, to the rural fire
<br />department to report a fire or to
<br />Oregon Department of Forestry to
<br />report a fire and until adequate fire
<br />personnel are on scene, Eugene will
<br />provide escort or guidance to fire
<br />department responders to the fire
<br />scene.
<br />Deleted: .
<br />EASEMENT AGREEMENT - 3
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