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<br /> <br />FS-2700-5 (7/96) <br />Page 3 of 5 <br />improvements or for removal of [he improvements aril damages to the improvements resulting from their <br />removal. The amount of [he consideration shell be fixed by mutual agreement between the United States and <br />the permittee and shall be accepted by the permittee in full satisfaction of all claims against the <br />Uni tail States under [his clause: Provided, That if mutual agreement is no[ reached, the Forest Service <br />Shell determine the amount aril if the permittee is dissatisfied with the amount thus determined to be due <br />him he may appeal the determination in accordance with the Appeal Regulation (36 C.F-R. 251 Subpart [) <br />aril the amount as determined on appeal shall be final and conclusive on the parties hereto; Provided <br />further, That upon the payment to the permittee of 75X of the amount fixed by the Forest Service, the <br />right of the United States to remove or require the removal of the improvements shall not be stayed <br />periling final decision on appeal. <br />17. Thrpersittee-agrees-that-the-eextmt-rhi dr-the-United-States-shell-be-regeired-te•pey-for <br />j~revetents-in-eceerdence-rich-Clerae-i6-shell-in-ro-event-exceed-f----------;-erd-thet-this-instrrrmrutt <br />my-be-intraQced-in-my-jediciel-praceedirgs-far-the-ecgafsitien-ef-sewfi-ixpraveants-by-the-United <br />Stetas-es-the-stipulation-of-the-per~ittee-end-the-!foiled-States-rith-regard-to-the-mximreeoent-rh ich <br />thr United-States-shell-be-regri red-to-pay-far-thr tekjrp-thereof. <br />18- In case of change of address the permittee shall inmediately notify the forest supervisor. <br />19. in the event of any conflict between any of the preceding printed clauses or any provision <br />thereof and any of the following clauses or any provisions thereof, the following clauses will control. <br />Public reporting burden for this collection of information, if reouested, is estimated to average 1 hour <br />per response for amual financial information; average 1 hour per response to prepare or update operation <br />end/or maintenance plan; average 1 hour per response for inspection reports; aril an average of <br />1 hour for each request that may include such things as reports, logs, facility and user information, <br />sublease information, and other similar miscellaneous information requests. This includes the time for <br />reviewing instructions, searching existing data sources, gathering and maintaining the data needed, aril <br />completing and reviewing the collection of information. Send comments regarding this burden estimate or <br />any other aspect of [his ~cnllection of information, including_suggestions for reducing-this burden, to <br />Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington D.C. 20250; and to the Office <br />of Management and Budget, Paperwork Reduction Project (OMB # 0596-0082), Washington, D.C. 20503. <br />20. #(A-b) Pursuant to the Federal Llai ms Collection Act of 1966, as amended, 31 USL 3101, et <br />seq., aril regulations at 7 LFR Par[ 3, Subpart B, an interest charge shall be assessed on any payment not <br />made by the payment due date. Interest shall be assessed using the most current rate prescribed by the <br />United States Department of the Treasury's Fiscal Manual (TFM-6-8025.20). Interest shall accrue from the <br />date the fee payment was due. In addition, certain processing and handling administrative costs may be <br />assessed in the event the account becomes delinquent and added to the amounts due. <br />A penalty of 6 percent per year shall be assessed on any payment overdue in excess of 90 days from the <br />payment due date. Payments will be credited on the date received by the designated collection officer <br />or deposit location. If the payment due date(s) falls on a ronuorkday, the interest aril penalty charges <br />shall not apply until the close of business of the next workday. <br />21. #(B-8) The holder shall indemnify the United States against any liability for damage to life or <br />property arising from the occupancy or use of National Forestlards under this penni t. <br />22. #(B-24) Avalanches, rising waters, high winds, falling limbs or trees, and other hazards are <br />natural phenomena in the Forest that present risks which the holder assumes. The holder has <br />responsibility of inspecting the site, lot, right-of-way, end imnedi ate adjoining area for dangerous <br />trees, hanging limbs, and other hazardous conditions aril, of ter securing permission from the Forest <br />Service, of removing such hazards. <br />23. #(B-24) Avalanches, rising waters, high winds, falling limbs or trees, and other hazards are <br />natural phenomena in the Forest that present risks which the holder assumes. The holder has <br />responsibility of inspecting the site, lot, right-of-way, aril immediate adjoining area for dangerous <br />trees, hanging limbs, end other evidence of hazardous conditions and, after securing permission from the <br />Forest Service, of removing such hazards. <br />24. #(B-25) The holder shall carry on all operations in a skillful manner, having due regard for <br />the safety of enployees; end shall safeguard with fences, barriers, fills, covers, or other effective <br />devices, pits, cuts, ercl other excavations which otherwise would unduly inperil the life, safety, or <br />property of other persons. <br />