Laserfiche WebLink
estimated at 13.5 CY/LD. Truck load counts shall be provided daily by email and <br /> shall be billed monthly. <br /> 4. Ames' Rights. Ames shall have the right to use so much of the surface and <br /> subsurface of the Property as may be reasonably necessary to carry out the purposes of this <br /> Agreement and to park equipment overnight so long as such use does not violate any permits, <br /> regulations or laws of any federal, state or local agencies. <br /> 5. Removal of Ames' Property. Ames shall remove all of its tools, equipment or other <br /> property from the Property at the termination of this Agreement. <br /> 6. Records and Reports. Ames shall keep a reasonably accurate record of its <br /> operations conducted or related to its business on the Property showing the dates and the amount of <br /> materials excavated from the Property. <br /> 7. Rights of Owner. Owner shall have the right at all reasonable times and at Owner's <br /> own risk and expense, to enter into and upon the Property for the purpose of examining and <br /> inspecting the same. However, heavy equipment and trucks in use by Ames shall always have the <br /> right of way. <br /> 8. Access. Owner represents and warrants to Ames that it has the right of access, <br /> ingress to and egress from the Property without fee or toll. <br /> 9. Federal, State and Local Law. Ames agrees to comply with all applicable federal, <br /> state and local statutes, regulations and ordinances, including but not limited to applicable statutes, <br /> regulations and standards relating to excavation of the materials; air, water and land pollution; <br /> disposal of liquid, solid and,'or hazardous waste; and workers and unemployment compensation. 1 <br /> 10. Indemnification. Ames shall indemnify and hold harmless Owner and its heirs, <br /> successors, and assigns, and the Property, from claims, actions, or causes of action arising out of or <br /> relating to damage, or injury, including death of any person, or damage to property of any kind <br /> resulting from or connected with the activities of Ames on the Property pursuant to this Agreement or <br /> resulting from the use or misuse of the Property by Ames, its agents or employees. However,,Ames <br /> shall not be required to indemnify or save harmless Owner or his agents, heirs, successors, assigns, <br /> relatives and employees from costs or damages to the extent resulting from the negligence or <br /> intentional acts of Owner or his agents, contractors, invitees,trespassers, heirs, successors, assigns, or <br /> employees. <br /> 12. Taxes. <br /> 12.1 Ames shall not be responsible for any taxes such as occupational taxes, and income <br /> taxes that arise as a result of its excavation operation. <br /> 12.3 Owner shall be and remain responsible for income taxes and for all property taxes <br /> installments of special assessments, mortgages, lease payments, royalties, and all other taxes, duties, <br /> liens or encumbrances related to the Property during the term of this Agreement. <br /> 13. Insurance. Ames shall, at its own expense,maintain policies of insurance-written by <br /> one or more companies which will insure Ames against liability for injury to or death of persons or <br /> loss of or damage to property occurring in or about the Property. The liability coverage under such <br /> insurance shall be in the minimum amount of One Million Dollars per injury and One Million Dollars <br /> per occurrence and property damage in the amount of One Million Dollars. Ames shall also maintain <br /> automobile liability insurance in the amount of One Million Dollars. Ames shall provide seller a <br /> certificate of insurance showing such coverage at Owner's request. <br /> 2/11/2021 2 <br />