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<br />'-~ .. <br /> <br />The Grantee understands and agrees that its facilities are <br />subject to damage and total loss without liability accruing to the <br />Grantor as a result of flooding, as the result of the maintenance <br />and operation of the Channelization Project, or as a result of <br />emergency or repair operations to and in the Channelization Project <br />by the Grantor, the Grantor's designees, or the Corps. <br /> <br />The Grantee hereby releases, indemnifies and holds harmless <br />the Grantor and its designees for claims relating to operation, <br />maintenance, and use of the Project, including damages associated <br />with the maintenance and operation of the Channelization Project <br />for flood control, drainage, or water flow regulation purposes, <br />unless claims arise in part or in whole out of the negligence of <br />agents, officers, or employees of the Corps, the Grantor or its <br />designees. <br /> <br />Throughout the term of this Easement, including but not <br />limited to any renewal term, the Grantee shall maintain continual <br />commercial general liability insurance covering its maintenance and <br />operational activities on the Easement. Said insurance shall name <br />the Grantor as an additional insured. A copy of the current <br />certificate(s) of insurance and additional insured endorsement(s) <br />shall be attached to this Easement as Exhibit _ and thereby <br />incorporated herein. Notices of renewal of this insurance shall be <br />provided to the Grantor on an annual basis. Said policy shall <br />provide coverage in the amounts established by the Colorado <br />Governmental Immunity Act (part one of article 10 of title 24, lOA <br />C.R.S. (1988) both now and as hereafter amended. <br /> <br />In the event that the Grantee contracts for any work to be <br />performed on the properties, the Grantee shall require its contrac- <br />tors and subcontractors, except the Corps, to indemnify, save and <br />hold harmless the Grantor, its employees and agents, and the Corps <br />from any and all claims, damages, and liabilities whatsoever for <br />injury or death to persons or damage to property arising from the <br />contractors' and/or subcontractors' actions or inactions. All <br />contractors and subcontractors shall abide by and follow the <br />provisions of this Easement. <br /> <br />It shall be the sole responsibility of the Grantee to obtain <br />all necessary and applicable local, state and federal approvals and <br />permits for the purposes set forth herein. The Grantee shall <br />comply with all reasonable rules, regulations and policies <br />authoritatively promulgated pertaining to the use of the Easement <br />lands. The Grantee shall comply with all applicable local, state <br />and federal floodplain regulations. Copies of the appropriate <br />restrictions are attached hereto and incorporated herein as Exhibit <br /> <br />The Grantee understands and agrees that the Grantor makes no <br />representations concerning ownership of nor warrants title to any <br />of the property underlying the Easement. To the extent that this <br /> <br />Page 4 of 7 pages <br />