C. Maintenance. The holder shall maintain the improvements and permit area to standards of repair, orderliness,
<br />neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this
<br />authorization. If requested, the holder shall comply with inspection requirements deemed appropriate by the
<br />authorized officer.
<br />D. Hazard Analysis. The holder has a continuing responsibility to identify all hazardous conditions on the permit
<br />area which would affect the improvements, resources, or pose a risk of injury to individuals. Any non-emergency
<br />actions to abate such hazards shall be performed after consultation with the authorized officer. In emergency
<br />situations, the holder shall notify the authorized officer of its actions as soon as possible, but not more than 48
<br />hours, after such actions have been taken.
<br />E. Change of Address. The holder shall immediately notify the authorized officer of a change in address.
<br />F. Change in Ownership. This permit is not assignable and terminates upon change of ownership of the
<br />improvements or control of the business entity. The holder shall immediately notify the authorized officer when a
<br />change in ownership or control of business entity is pending. Notification by the present holder and potential
<br />owner shall be executed using Form SF-299, Application For Transportaion and Utility Systems and Facilities on
<br />Federal Lands, or Form FS-2700-3a, Request for Termination of and Application for Special-Use Permit. Upon
<br />receipt of the proper documentation, the authorized officer may issue a permit to the party who acquires
<br />ownership of, or a controlling interest in, the improvements or bus ni ess entity.
<br />IV. LIABILITY
<br />For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees, and contractors.
<br />A. The holder assumes all risk of loss to the authorized improvements.
<br />B. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred under any
<br />such laws and regulations or forjudgments, claims, or demands assessed against the United States in connection
<br />with the holder's use or occupancy of the property. The holder's indemnification of the United States shalt include
<br />any loss by personal injury, loss of life or damage to property in connection with the occupancy or use of the
<br />property during the term of this permit. Indemnification shall include, but is not limited to, the value of resources
<br />damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of
<br />abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This
<br />paragraph shall survive the termination or revocation of this authorization, regardless of cause.
<br />C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
<br />States.
<br />D. In the event of any breach of the conditions of this authorization by the holder, the authorized officer may, on
<br />reasonable notice, cure the breach for the account at the expense of the holder. If the Forest Service at any time
<br />pays any sum of money or does any act which will require payment of money, or incurs any expense, including
<br />reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the
<br />United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs and
<br />damages shall, at the election of the Forest Service, be deemed to be additional fees hereunder and shall be due
<br />from the holder to the Forest Service on the first day of the month following such election.
<br />E. With respect to roads, the holder shall be proportionally liable for damages to all roads and trails of the United
<br />States open to public use caused by the holder's use to the same extent as provided above, except that liability
<br />shall not include reasonable and ordinary wear and tear,
<br />F. The Forest Service has no duty to inspect the permit area or to warn of hazards and, if the Forest Service
<br />does inspect the permit area, it shall incur no additional duty nor liability for identified or non-identified hazards.
<br />This covenant may be enforced by the United States in a court of competent jurisdiction.
<br />
|