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5. Leave at least two inches of snow to protect the road.
<br />6. Restore any damage resulting from snow removal in a timely manner.
<br />7. Ensure that snow plowing is conducted in accordance with the traffic control plan required under clause
<br />II.C.
<br />The holder shall not:
<br />8. Undercut constructed slopes or remove gravel or other surfacing material from the road surface.
<br />9. Leave snow berms on the road surface. Berms on the shoulder of the road shall be removed or drainage
<br />holes shall be opened and maintained. Drainage holes shall be spaced as necessary to obtain satisfactory
<br />surface drainage without discharge on erodible fills.
<br />10. Use equipment with cleats or other tracks to plow snow without prior written approval of the responsible
<br />official.
<br />VI. RIGHTS AND LIABILITIES
<br />A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is a federal license. This
<br />permit does not constitute a contract or lease for purposes of the Contract Disputes Act, 41 U.S C. 601. This
<br />permit is not real property, does not convey any interest in real property, and may not be used as collateral for a
<br />loan.
<br />B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights.
<br />C. ABSENCE OF THIRD -PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any
<br />rights on any third party as a beneficiary under this permit.
<br />D. RISK OF LOSS. The holder assumes all risk of loss associated with use of the roads authorized by this
<br />permit, including but not limited to theft, vandalism, fire and any fire - fighting activities (including prescribed burns),
<br />avalanches, rising waters, winds, falling limbs or trees, and acts of God.
<br />E. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the
<br />land, property, and other interests of the United States. Damage includes but is not limited to fire suppression
<br />costs, damage to government improvements covered by this permit, and all costs and damages associated with
<br />or resulting from the release or threatened release of a hazardous material occurring during or as a result of
<br />activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to,
<br />the lands, property, and other interests covered by this permit. For purposes of this clause, "hazardous material"
<br />shall mean any hazardous substance, pollutant, contaminant, hazardous waste, oil, and /or petroleum product, as
<br />those terms are defined under any federal, state, or local law or regulation.
<br />1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil,
<br />vegetation (such as trees, shrubs, and grass), surface water, and groundwater, while conducting commercial
<br />hauling under this permit. If the environment or any government property covered by this permit becomes
<br />damaged during the holder's use under this permit, the holder shall immediately repair the damage or replace
<br />the damaged items to the satisfaction of the responsible official and at no expense to the United States.
<br />2. The holder shall be liable for all injury, loss, or damage, including fire suppression, or other costs in
<br />connection with rehabilitation or restoration of natural resources associated with the use authorized by this
<br />permit. Compensation shall include but not be limited to the value of resources damaged or destroyed, the
<br />costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all
<br />administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a
<br />performance bond required under clause IV D.
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