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RECEPTION#: 692025, 12/19/2016 at 02:52 :53 PM, 5 OF 7, R $0. 00 <br /> TERI A. STEPHENSON, DELTA COUNTY, CO CLERK AND RECORDER <br /> 3.3 Operating Hours: Except in the event of a bona fide emergency, the County shall <br /> conduct its operations between the hours of 6:00 a.m.and 8:00 p.m. <br /> 3.4. Weed Control: Weed control inside the permitted area shall be the responsibility <br /> of the County. The County shall perform weed control by spraying with Roundup or its <br /> equivalent. <br /> 3.4 Insurance and Indemnification: Each party shall insure, indemnify and hold <br /> harmless the other party from any and all liability to any third party for injury or damage to <br /> person or property caused by the indemnifying party's acts or omissions to the extent that the <br /> party is able to indemnify. This indemnification shall include, if possible, any claim made by an <br /> officer, agent or employee of the County against The Harts arising under this Agreement and the <br /> contemplated operations by the County under it. <br /> Indemnification shall include all costs, including attorney's fees, incurred by the <br /> county or The Harts in defending any third-party claim arising as a result of the acts or omissions <br /> of the indemnifying party. <br /> 3.5 Paragraph Headings: The paragraph and section headings employed herein are <br /> for convenience of reference only and shall in nowise be construed so as to enlarge or proscribe <br /> the substantive meaning of any portion of this Agreement. <br /> 3.6 Litigation: Any litigation which arises under this Agreement shall be conducted <br /> in the District Court of Delta County. <br /> 3.7 No Oral Agreements: This instrument contains the entire Agreement between the <br /> parties and each acknowledges that no oral representation is being relied upon in its execution. <br /> This Agreement may be amended in writing only. <br /> 3.8 Binding Effect: This Agreement shall extend to and be binding upon the <br /> successors and assigns of the parties hereto and upon the heirs and personal representatives of <br /> the Harts. <br /> 3.9 Effective Date: The effective date of this Agreement is December 19,2016 <br /> Page 5 of 7 <br />