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F. Chanqe in Ownership. This permit is not assignable and terminates upon change of ownership of the
<br />irnprovements oX control of the business en~ty, The holder shafl immediately notify the authorized oificer when a
<br />change in ownership ~r coniro! of business entit}r is pending. Natification by the presen# holder and potential
<br />owner shall be executed using FQrm SF-299 Application for Transportation and Utiliiy 5ystems and Facifities of
<br />Federal Lands, or Form FS-2700-3a, Halder Initiated Revocatian of ExistiRg A~thorization, Request for a Special
<br />Use Permif. tJpon receipt of the proper documentafion, the authorized officer may issue a permit to the party who
<br />acquires ownership of, or a controlling Interest in, the improvements or business entity.
<br />IV. LIABILITY
<br />Far purposes of this section, "holder" includes the holder's heirs, assigns, agents, employe~s, and contractors.
<br />A. The holder assumes a!I risk of loss to the at~thorized improvements.
<br />8. The holde~ shall indemnify, defend, and hold the lJnited States harmless for any vioEations incurred under any
<br />suCh laws and regulations or for judgments, claims, ar demands assessed against the United States In connection
<br />with the hoiders use or occupancy of the property. The halder's indem~ification of the United Sta#es shall include
<br />any loss by personal injury, ioss of life or dar~age to property in connection with the occupancy or use of the
<br />property during the term of this permit. lndemnification shalf include, but is not lim~ted to, the value af resources
<br />damaged or destroyed; the costs of restoration, cfeanup, or other mitigation; fire suppression or other types of
<br />abatement costs; third party claims and judgmenfs; and all administrative, interest, and other legal costs. This
<br />paragraph shall survive the termination or revocation of this authorization, regardless of cause.
<br />C. The holder has an affirmative duty to pratect from damage the land, properly, and interests of the Unifed
<br />States.
<br />The holde~ shall maintain worth of insurance coverage, narning the United States additionally insured on t!'ie
<br />poficy(ies), to partially fund #he indemnification obligations of the holder for any and all losses due to personal
<br />injury, loss of life, or propetty damage, including fire suppression and hazardous vuaste costs: The holder shall
<br />fumish proof of insurance (such as a surety bond, or certificate of insurance} to the authorized officer prior to
<br />execution of this permit and verify annually, and in writing, the insurance obligation to the authorized officer. TYie
<br />authorized officer may allow tF~e holder ta replace, repair, restore, or otherwise underta[ce necessary curative
<br />actions, to the satisfaction of the author'¢ed of~cer, in arder to mitigate damages in addi~ion to or as an altemafive
<br />to monetary indemnif~cation.
<br />D. The halder has an a~irrna6ve duty to pratect from damage the la~d, properly, and inferests of the United
<br />States.
<br />The halder shall be stricNy liable (liability without proof of negligence) to Ehe United States for any injury, loss, or .
<br />damage arising under this authorizatifln. Such strict liability shall be in the amount of $1 m'sU9on ur3less the Forest
<br />Supervisor determines at the time or issuance of this autharizalion that a lesser amounf of strict fiability is
<br />appropriate based upon a risk assessment for the use author~zed by this instrument. Liability for injury, loss, or
<br />damage to the Unitad States In excess of the prescribed amount of strict Ilabiliry shall be de~rm ined under the
<br />generai law of negligence. .
<br />E. In the event of any breach of the conditions of this authorization by the holder, the authorized officer may, on
<br />reasonable notice, cure the breach for the account at the expense of the halder. If fhe Forest Service at any time
<br />pays any surn of money or does any act which wil! require payment of money, or incurs any expense, including
<br />reasonable attorney's fees, in instituting, prosecuting, and/or defending any accfion or pmceeding to enforce the
<br />United States rights hereunder, the sum or 5ums so paid by the United States, with ali interests, costs and
<br />damages shatl, at the election of the Forest Service, be deemed to be additional fees hereunder and shali be due
<br />from khe holder to the Forest Service on the first day oE the month foilowing such election,
<br />F. With ~espect to roads, the holder shalf be proportianally liable for damages to all roads and trails of the United
<br />Stafes open to public use caused by the holder's use to the same extent as provided abave, except that liability
<br />shall not include reasonable and ordinary wear and tear.
<br />Town of Gypsum
<br />L.E.D.E. Reser~oir and ditch
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