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8. The Holder will cooperate with the BLM in its efforts to investigate, suppress and <br /> respond to all future fires. The duty to "cooperate"includes, but is not limited to, the <br /> following duties regardless of whether BLM is on the scene: <br /> A. The duty to provide the BLM (Authorized Officer or local fire dispatch (970) 257- <br /> 4800 with reasonable and timely notice concerning all fires involving the Holder's <br /> facilities, or discovered during routine operations. <br /> B. The duty to share factual information with the BLM concerning fires, including but <br /> not limited to the names of Holder's employees and/or contractors with knowledge of <br /> the incident; and to allow employees and/or contractors to be interviewed by BLM's <br /> investigators regarding factual information relating to a fire. <br /> C. It is the duty of the Holder to preserve the point of ignition, fire scene and reasonably <br /> account to the BLM for Holders actions taken at the scene of a fire. <br /> D, The duty to minimize disturbance of potential evidence located at the scene; to not <br /> engage in any evidence collection or destructive testing without BLM and or its <br /> counsel's express written consent; to properly handle and preserve any evidence <br /> collected and to make all documents and evidence, including expert reports, available <br /> to the BLM in a rapid and timely manner upon request of BLM and/or its counsel. <br /> E. The duty to not hamper the BLM investigation of origin and cause of the fire; and to <br /> reasonably assist BLM's investigation at the scene. <br /> F. The duty to provide information upon request of BLM and/or its counsel concerning <br /> the construction, monitoring, inspection, maintenance and/or repairs of any of <br /> Holder's facilities located at or adjacent to a fire. <br /> G, The duty to provide information upon request of BLM and/or its counsel concerning <br /> the monitoring, inspection, and or alteration by Holder of any condition on public <br /> land, including but not limited to, public land adjacent to any of the Holder's <br /> facilities. <br /> H. The duty, during BLM fire suppression efforts: to defer to and follow the instructions <br /> of the BLM's Incident Commander regarding activities within the boundaries of the <br /> fire and checking in and out of the fire; and to recognize BLM's primary authority <br /> over the incident scene. <br /> Serial#COC 80745 8/23/2022 Exhibit B -5 <br />