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3. Consentee will notify the Company at (970) 527-3859, 48 hours prior to the installation of CMP and
<br />before any maintenance activities occur. The Person of Contact will be Company Manager, Merritt
<br />• Denison or his replacement.
<br />4. The two new CMPs will be owed, operated, and maintained by Consentee.
<br />5. The CMP may be periodically inspected by Reclamation and Company, and if serious safety
<br />concerns are identified, the Consentee will be notified and will be responsible to correct all
<br />deficiencies in a timely manner.
<br />6. The Consentee agrees not to park, store or leave unattended any vehicles, material, and/or
<br />equipment of any land within the Canal and O&M road ROW.
<br />7. Reclamation and the Company need to periodically use the O&M road for operation and
<br />maintenance purposes and, as such, the Consentee agrees that continued access by Reclamation and
<br />the Company will remain unhindered at all times. In addition, Reclamation and/or the Company may
<br />need to park, store or leave unattended vehicles and/or equipment within the O&M road corridor,
<br />however, both entities agree not to block or hinder the Consentee's crossing of the Canal and its O&M
<br />road under normal circumstances. Temporary blockage may occur when installation and/or O&M
<br />needs to be performed on Canal and/or its associated facilities.
<br />8. The Consentee is responsible to obtain all other permits, licenses, authorizations, and consent that
<br />are necessary and/or required for this activity.
<br />9. Through issuance of this Letter of Consent, the United States, its officers, agents, employees, and
<br />assigns, including the District and Company, do not assume any liability resulting from the granting of
<br />this Letter of Consent or the exercise thereof.
<br />• (a) The Consentee hereby agrees to indemnify and hold harmless the United States, its
<br />employees, agents and assigns, including the District and Company, from any loss or damage
<br />and from any liability on account of personal injury, property damage, or claims for personal
<br />injury or death arising out of the Consentee activities under this Letter of Consent.
<br />(b) The Consentee hereby releases the United States, its officers, employees, agents, or
<br />assigns, including the District and Company, from liability for any and all loss or damage of
<br />every description or kind whatsoever, which may result to the Consentee from the installation
<br />operation, and maintenance activities Located within the previously identified easement areas,
<br />provided that nothing in this Letter of Consent shall be construed as releasing the United
<br />States, its officers, agents, employees, and assigns, from liability for their own negligence.
<br />(c) The United States shall be liable for injury or damage resulting from the issuance of this
<br />Letter of Consent to the extent that the United States is determined to be liable pursuant to the
<br />provisions of the Federal Tort Claims Act, Act of June 25,1948, 62 Stat. 982 (28 U.S.C.
<br />'1346(b), 2671 et s or other applicable law.
<br />10. The bridge where the two CMP's cross the Canal is owned by the Consentee. The Consentee
<br />agrees to provide adequate maintenance on the bridge and to conduct annual safety
<br />inspections. If Reclamation andlor the Company identify defects in the bridge and/or the two
<br />CMF's, Consentee mill be notified and agrees to make proper repairs to the bridge and/or
<br />CMP's in a timely manner.
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