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remove the permitted facilities from said premises and will promptly restore and grade the
<br /> permit area to match surrounding property grade.
<br /> G, The District may, when in the District's opinion it is reasonable to do so,require f
<br /> that subsequent holders/users of easements or permits for utilities or other uses,within the
<br /> area covered by this Permit, repair and restore any damage to the Permittee's facilities
<br /> caused by such user's repair, construction, maintenance, or other activities, and that each
<br /> such user shall,at its sole expense,repair and restore any damage to the permitted facilities
<br /> placed on the property by the Permittee, The District shall not be obligated to place such a
<br /> requirement on any third party,and shall not be obligated to enforce any provision containing
<br /> such requirement. The District shall not be liable in any manner for any costs to repair or
<br /> restore the permitted facilities due to failure of any user to pay such costs or to complete
<br /> repairs or restoration to such facilities.
<br /> 6. It is understood that prior to any installation, modification, or extension of any
<br /> facility within the Permit Area herein described, the Permittee shall first supply the District
<br /> with detailed drawings and specifications relating to such proposed construction and that no
<br /> construction, installation, or modification shall be performed until the plans have been
<br /> approved in writing by the District; Provided,however, that the approval of the District to
<br /> the performance of such construction shall not in.any manner be considered as imposing any
<br /> obligation upon the District as to the safety or propriety of such installation or construction;
<br /> the sole consideration of the District being the compatibility of the Permittee's proposed
<br /> improvements with the District's current and anticipated future use of the property.
<br /> 7. The District shall not be liable for any claims or damage to Permittee's or its
<br /> contractor's property, facilities, or appurtenances constructed or placed in, under, or upon
<br /> said property by Permittee; it being understood and agreed that such property is now and
<br /> will continue to be used as utility property subject to use by heavy trucks and machinery for
<br /> power line construction, installation, and maintenance,and for transmission of high voltage
<br /> electricity,among other things;however,the District shall exercise reasonable care to protect
<br /> Permittee's and its contractor's property,facilities, or appurtenances from damage or harm
<br /> except in time of emergency.
<br /> 8. Permittee is solely and directly responsible to the District for any damage,
<br /> injury, expense,loss, inconvenience, delay,suits, actions,or claims of any character brought
<br /> because of any injuries or damage which may result from carrying out any construction or
<br /> maintenance work to be done in accordance with the provisions of this permit.
<br /> Permittee agrees that as a condition to this permit,Permittee shall take all reasonable
<br /> precaution to protect and preserve from damage, destruction, or interference the District's
<br /> lands, vegetation, structures,related electrical facilities, and access roads located upon the
<br /> Permitted Area or upon the District's adjoining right-of-way property and should said District
<br /> lands and/ or facilities be damaged, destroyed, or interfered with in any way by reason of j
<br /> Permittee's use of maintenance of said property, Permittee shall immediately restore said
<br /> lands and / or facilities to their former condition at Permittee's expense, including the ( ,
<br /> removal of all temporary erosion and sediment control devices. Should it be
<br /> necessary for the District to remedy any harmful or adverse conditions resulting from
<br /> Permittee's use or maintenance of said property under this permit, or to perform any of the
<br /> matters required of the Permittee which the Permittee has failed to do, Permittee shall
<br /> reimburse the District for all costs so incurred by the District as a result thereof. Should any
<br /> existing drainage channels or culverts be disturbed by Permittee, it shall immediately
<br /> provide suitable means for diverting and maintaining all flows during the term of this permit.
<br /> Form Rev.6/13/97;8/18/09
<br /> COB 8.26.20 Page 2 of 6
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