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<br />E. With respect to roads, the holder shall be proportionally liable for damages to all roads and <br />trails of the United States open to public use caused by the holder's use to the same extent as <br />provided above, except that liability shall not include reasonable and ordinary wear and tear. <br />F. The Forest Service has no duty to inspect the permit azea or to warn of hazards and, if the <br />Forest Service does inspect the permit area, it shall incur no additional duty nor liability for <br />identified or non-identified hazards. This covenant maybe enforced by the United States in a <br />court of competent jurisdiction. <br />18. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner <br />shall benefit from this permit either directly or indirectly, except when the authorized use <br />provides a general benefit to a corporation. <br />19. Appeals and Remedies. Any discretionazy decisions or determinations by the authorized <br />officer are subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. <br />20. Assignability. This authorization is not assignable or transferable. If Holder, through death, <br />voluntary transfer, enforcement of contract, foreclosure, or other valid legal proceeding shall <br />cease to be owner of the above described real property accessed by the authorized road, this <br />authorization shall terminate. <br />21. Superior Clauses. In the event of any conflict between any of the preceding printed clauses <br />or any provision thereof and any of the following clauses or any provision thereof, the preceding <br />printed clauses shall control. <br />22. Termination for Non-payment (R2-A-102). This authorization shall automatically terminate <br />without the necessity of prior notice when land use-fees aze 90 calendaz days from the due date <br />in arrears. <br />In Witness Whereof, the parties hereto have caused this permit to be duly executed on this <br />_~ day of ~~, 2006 . <br />Holder: COLORADO MARBLE, INC. <br />By / <br />BOB OLLOWA <br />U.S. DEPARTMENT OF AGRICULTURE <br />Forest Service <br />By: ~fr~: ~~ <br />OBERTJ. EAVERTON <br />Forest Supervisor <br />Pike/San Isabel National Forests <br />Cimarron/Comanche National Grasslands <br />