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property free, clear, and harmless from any liability, loss, costs, charges, penalties,
<br />obligations, expenses, reasonable attorney fees, litigation, judgments, damages,
<br />claims, and demands arising out of Eugene's operations or use of the Road. Eugene's
<br />indemnity hereunder shall survive 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 exercise 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 on
<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 />personnel will immediately be released from responsibility once enough fire
<br />personnel are on scene to adequately combat the fire or when released by the
<br />fire personnel in charge. Furthermore, Eugene radio personnel will are required
<br />to carry with them various means of communication, not limited to two-way radio
<br />and or cellular telephones, which will allow them to adequately communicate to
<br />the Central Communications Center to report a fire, to the rural fire department
<br />to report a fire or to Oregon Department of Forestry to report a fire and until
<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 />or imposed by law upon Giustina. Eugene acknowledges that it must share the use of
<br />the Road with heavy industrial log traffic.
<br />9. Termination.
<br />9.1. Although the term of this Agreement is for five years, in the event it
<br />is not used by Eugene for a period of two years, or if otherwise abandoned by
<br />Eugene, the Agreement shall automatically expire and Eugene shall upon
<br />request execute a recordable document evidencing such expiration.
<br />EASEMENT AGREEMENT - 3
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