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9. The Permittee does herewith assume all risk of loss, damage or injury which may •
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<br /> result from the presence of Permittee's and/or contractors or business invitee's property or
<br /> persons upon said real estate, and waives any right of recovery for damage thereto.
<br /> 10.Permittee does further agree to hold and save harmless the District from and
<br /> against any and all claims for damages, whether to Permittee's or District's employees,
<br /> contractor's, or business invitee's, or to their persons or property, or otherwise, that may in
<br /> any manner directly or indirectly arise out of the construction, operation, repairs, use,
<br /> maintenance or patrolling of the permitted facilities subject to this permit or out of the
<br /> operations of the Permittee, its contractors, successors, or assigns upon District property
<br /> pursuant to this permit.
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<br /> 11.The District shall not be held liable for any claims or damage to Permittee's
<br /> property, facilities, improvements, or appurtenances constructed or placed upon District
<br /> property by Permittee.
<br /> 12.The Permittee shall not use said Permit Area for any unlawful purposes,or for
<br /> any purposes other than'those stated herein, without the express written agreement of the
<br /> District, and Permittee accepts the premises in the present condition or in the condition that
<br /> the District or others may put the same into, and herewith specifically agrees that the
<br /> District, its agents, servants, or employees, shall not in any manner be responsible for any
<br /> damages of any kind or nature caused the Permittee, its agents, servants, contractors,
<br /> business invitees, or employees,or caused to any property upon said premises,whether due
<br /> to the negligence of the District,its agents,servants or employees, or otherwise.
<br /> 18.Permittee agrees to hold and save harmless the District from and against any and
<br /> all claims for damages,whether to Permittee's agents, contractors, or employees, or to other
<br /> persons, including but not limited to business invitees of Permittee, or property, including
<br /> but not limited to claims of injury or damage resulting from high voltage induction or
<br /> electromagnetic fields that may in any manner directly or indirectly arise out of the
<br /> construction,use, operation,repair,maintenance, or patrolling of the permitted facilities by
<br /> perinittee and /or its contractors, pursuant to this permit or out of the operations of the
<br /> Permittee,its successors, or assigns pursuant to this permit.
<br /> 14. Permittee agrees for itself,its employees, agents, contractors, successors and
<br /> assigns that it is not now known whether the presence of high voltage electrical transmission.
<br /> lines and resultant electromagnetic fields may have any injurious effect upon humans or
<br /> animals in close proximity,that without the use proposed by Permittee access to the subject
<br /> property would otherwise by restricted, and that Permittee's agreement to the
<br /> indemnification provision herein is a material consideration without which this permit would
<br /> not be granted; and Permittee specifically and expressly waives any immunity under
<br /> Industrial Insurance, Title 51, ROW, and acknowledges that this waiver has been mutually
<br /> negotiated by the parties.
<br /> PROVIDED, that with regard to Perrnittee's construction, alteration, repair, or
<br /> maintenance of the permitted facilities or appurtenances located upon property owned or
<br /> controlled by the District,if any claim for damages is caused by or results from the concurrent
<br /> negligence of (i) the District, its agents, or employees, and (ii) Permittee, its contractors,
<br /> successors,or assigns,the obligations of Permittee shall be valid and enforceable to the extent
<br /> permitted by law, and provided further that Permittee's obligations shall be inapplicable to
<br /> the extent that any such claim arises from a willful and unjustifiable act or omission of the
<br /> District, its employees or agents.
<br /> Form Rem.6/13/91;8/18/09
<br /> COB 8.26.20 Page 3 of 6
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