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2. Fee. Eugene shall pay Giustina $250.00 coincidentally with the execution <br />of this Agreement, the receipt of which Giustina hereby acknowledges. <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 cost <br />in repairing any damage to the Road caused by Eugene, its officers, employees, <br />contractors, agents, or invitees. <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 />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 />EASEMENT AGREEMENT - 2 <br />