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lands or resources, and it shall have the right alone to extend rights and privileges for use of the right -of -way
<br />and road thereon to States and local subdivisions thereof and to other users including members of the public,
<br />except users of land or resources owned or controlled by the holder. The Forest Service shall control such use
<br />to avoid unreasonable interference with use of the road by the holder.
<br />12. The Forest Service may relocate the road to the extent necessary to accommodate the management needs
<br />of the National Forests.
<br />13. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at the
<br />discretion of the Regional Forester.
<br />14. Unless sooner terminated in accordance with the provisions of the permit, or revoked by the Regional
<br />Forester, this permit shall expire and terminate on 12/31/2013. The permit shall not be reissued.
<br />15. Nonexclusive Use and Public Access. Unless expressly provided for in additional terms, use of the permit
<br />area is not exclusive. The Forest Service reserves the right to use or allow others to use any part of the permit
<br />area, including roads, for any purpose, provided, such use does not materially interfere with the holder's
<br />authorized use. A final determination of conflicting uses is reserved to the Forest Service.
<br />16. Forest Service Right of Entry and Inspection. The Forest Service has the right of unrestricted access of the
<br />permitted area or facility to ensure compliance with laws, regulations, and ordinances and the terms and
<br />condition of this permit.
<br />17. Liability. For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees, and
<br />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 for judgments, claims, or demands assessed against the United States in
<br />connection with the holder's use or occupancy of the property. The holder's indemnification of the United States
<br />shall include any loss by personal injury, loss of life or damage to property in connection with the occupancy or
<br />use of the property during the term of this permit. Indemnification shall include, but is not limited to, the value of
<br />resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other
<br />types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal
<br />costs. This 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
<br />due 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 />18. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner shall benefit from
<br />this permit either directly or indirectly, except when the authorized use provides a general benefit to a
<br />corporation.
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