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2. Maintenance of Roads. Permittee agrees to maintain the Roads in a safe condition satisfactory <br /> to the County. Maintenance shall include dust control and gravel replacement. Any maintenance <br /> activities agreed to by the Parties other than as described in this Paragraph 2 will be identified in writing, <br /> signed by bath Parties,and attached as an addendum to this Agreement. <br /> 3. Assumption of Risk and Liability. <br /> 3.1 County has not made and does not herein make any representation as to the present or <br /> future conditions of the Roads or the character of the traffic on such roads. Permittee assumes all risks <br /> of damage to property of or injury to, Permittee or anyone acting under the authority granted to <br /> Permittee by this Agreement. <br /> 3.2 Permittee agrees and covenants to indemnify,defend, and save harmless County for, <br /> from,and against any loss,damage,costs, charges, liability, claims,demands,or judgments,whether to <br /> persons or property, arising out of any act, action, neglect,omission,or default on the part of Permittee <br /> or any person or entity acting under Permittee's authority granted by this Agreement. <br /> 3.3 Permittee shall maintain,for the term of this Agreement, Public Liability and Property <br /> Damage Insurance. For the term of this Agreement,County shall be named as an additional insurance <br /> on Permittee's Public Liability and Property Damage Insurance, and Permittee shall provide to County <br /> proof of insurance and proof the additional insured designation. <br /> 4. Termination. This Agreement may be terminated by County upon any occurrence of: <br /> A. Violation by Permittee of any term of this Agreement. <br /> P. Risk of imminent threat to public health, safety, or welfare as a result of continued use by <br /> Permittee of the Roads. <br /> C. Receipt by County of notice from Permittee that Permittee has permanently ceased <br /> operations and desires to terminate this Agreement, at which time a post-inspection will be <br /> conducted. <br /> 4.1 Upon termination of this Agreement,for any reason, Permittee shall immediately <br /> discontinue operations covered by this Agreement. <br /> 4.2 Termination of this Agreement shall not prejudice County's right to collect damages <br /> incurred as a result of Permittee's use of the Roads. <br /> 4.3 If, after termination of this Agreement, Permittee desires to resume operation, <br /> Permittee shall request to enter into a new road agreement with County. <br /> 5. Notices. All notices and oral or written communications relating to this Agreement shall be <br /> made to the person identified below on behalf of each Party. All written notices shall be deemed given <br /> when personally delivered, or in lieu of such personal service,five (5)days after deposit in the United <br /> States mail,first class, postage prepaid, certified,or the next business day if sent by reputable overnight <br /> courier,provided receipt is obtained and charges prepaid by the delivering party. Any notice shall be <br /> addressed as follows: <br /> 2 <br />