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<br />USDA Forest Service FS-7700-41 (90/73) <br />• (7) Regulation of the number of vehicles so as to prevent undue congestion of this road. <br />(8) The Permittee shall not use an "active ingredient" as defined in Section 2 of the Federal Insecticide, Fungicide, and <br />Rodentieide Act, as amended (86 Stat. 973), in violation of said act on the land described in this permit. <br />(9) Other - Specify: SEE SUPPLEMENTAL PAGES ATTACHED TO THIS PERMIT. <br />8. INSURANCE. Permittee or his contractors and assigns shall be required to carry public liability and property damage <br />insurance for the operation of vehicles, in the arnounts established by applicable State laws, cooperative agreements, or <br />easements issued on the subject road or roads. In any event, the permittee must tarty liability insurance and property damage <br />insurance of not less than $100,000 for injury or death to one person, $300,000 for injury or death to two or more persons, and <br />$100,000 for damage to property. The permittee itself shall be responsible for furnishing to the Paonia District Ranger proof of <br />satisfactory insurance when said insurance is to be famished by other than the permittee. Proof of satisfactory insurance 11111'• he <br />required by the Paonia District Ranger prior to hauling over the road(s) and will be for the duration of the permit and such <br />insurance policy shall bear an endorsement requiring the issuing company to give 10 days prior written notice to the <br />Paonia District Ranger, of cancellation or material change. <br />9. MAINTENANCE. The permittee shall bear the expense of maintenance proportionate to his use: <br />On roads closed to the public (segments behind closed gates); Routine maintenance is required as outlined in the <br />Annual Operating Plan or at a minimum of once per year at the end of the season to restore drainage and repair road <br />damage before winter shutdown. Or at any other time as the District Ranger determines maintenance is necessary for the <br />protection of the Forest resources. <br />On roads open to public use; Any road damage or road derogation resulting from permittee's use will be repaired, to <br />Forest Service Standards, by permittee. Such repairs will be done under the supervision of the Paonia District Engineer, <br />who will be notified in writing of the damage, dates of repair, and the persons performing the work. No maintenance is <br />required for routine operations by pickups, ATVs, or snowmobiles. However, maintenance may be required if access is <br />needed for vehicles greater than 10,000 lb GVW. <br />Maintenance shall be performed in accordance with Forest Service specifications and requirements for maintenance as <br />listed below, or as may be mutually agreed upon from time to time and shall consist of (1) current maintenance as <br />necessary to preserve, repair, and protect the roadbed, surface and all structures and appurtenances, and (2) resurfacing <br />equivalent in extent to the wear and loss of surfacing caused by operations authorized by this permit, if applicable. <br />9a. MAINTENANCE AND RESURFACING REQUIREMENTS AND SPECIFICATIONS: <br />SEE SUPPLEMENTAL PAGES ATTACHED TO THIS PERMIT <br />10. PERFORMANCE BOND. In the event the permittee is to perform his proportionate share of road maintenance, road <br />resurfacing, or betterment, as determined and within time periods established by the Forest Supervisor, the Forest Service may <br />require as a further guarantee of the faithful performance of such work that the permittee furnish and maintain a surety bond <br />satisfactory to the Forest Service in the sum of One hundred fifty three thousand dollars ($ 153,000 , or in lieu of a surety bond, <br />deposit into a Federal depository, as directed by the Forest Service, and maintain therein cash in the sum of One hundred fifty <br />three thousand dollars ($ 153,00 0 , or negotiable securities of the United States having market value at time of deposit of not <br />less than One hundred fifty three thousand dollars ($ 153 000 . As soon as security for the performance of road maintenance <br />(and betterment) requirements or the settlement of claims incident thereto is completed, unencumbered cash guarantees or <br />negotiable securities deposited in lieu of surety bond will be returned to the permittee. <br />11. FIRE PREVENTION AND SUPPRESSION. The permittee shall take all reasonable precautions to prevent and suppress <br />Forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation <br />without a written permit from the Forest Service. <br />12. DAMAGES. The permittee shall exercise diligence in protecting from damage the land and property of the United States <br />covered by and used in comnection with this permit, and promptly upon demand shall pay the United States for any damage <br />resulting fi•om negligence, or from violation of the terms of this permit or of any law or regulation applicable to the National <br />Forests, by the permittee, or by his agents, contractors, or employees of the permittee acting within the scope of their agency, <br />i contract, or employment. <br />Delete Inapplicable clause. <br />3 Mlcrosoft Word 2000