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permit. Damage includes but is not limited to destruction of or damage to National Forest lands covered by this permit, fire
<br /> suppression costs, and destruction of or damage to government-owned improvements covered by this permit.
<br /> 1. The holder shall be liable for all injury, loss, or damage, including fire suppression,or other costs in connection with
<br /> rehabilitation or restoration of natural resources associated with the use and occupancy authorized by this permit.
<br /> Compensation shall.include but not be limited to the value of resources damaged or destroyed,the costs of restoration,
<br /> cleanup, or other mitigation, fire suppression or other types of abatement costs,and all administrative, legal(including
<br /> attorney's fees), and other costs in connection therewith.
<br /> 2.The holder shall be liable for damage to all roads and trails of the United States open to public use caused by use of the
<br /> holder or the holder's heirs, assigns,agents,employees,contractors, or lessees to the same extent as provided under
<br /> clause III.F.1, except that liability shall not include reasonable and ordinary wear and tear.
<br /> G.HEALTH AND SAFETY. The holder shall address the health and safety of its employees, agents, and clients by having
<br /> trained and qualified staff, utilizing properly maintained equipment,and providing supervision appropriate for the level of
<br /> risk associated with the authorized activity.The holder shall avoid situations or conditions that cause or threaten to cause
<br /> a hazard to public health or the safety of the holder's employees, agents,or clients.The holder shall as soon as
<br /> practicable notify the authorized officer of all serious accidents that occur in connection with such activities.The Forest
<br /> • Service has no duty under the terms of this permit to inspect the permit area or operations and activities of the holder for
<br /> hazardous conditions or compliance with health and safety standards.
<br /> H.ENVIRONMENTAL PROTECTION
<br /> 1. For purposes of clauses III.H and V,"hazardous material"shall mean(a)any hazardous substance under section
<br /> 101(14)of CERCLA,42 U.S.C.§9601(14); (b)any pollutant or contaminant under section 101(33)of CERCLA,42 U.S.C.
<br /> §9601(33); (c)any petroleum product or its derivative, including fuel oil,and waste oils;and(d)any hazardous substance,
<br /> extremely hazardous substance,toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant,
<br /> contaminant,element,compound, mixture,solution or substance that may pose a present or potential hazard to human
<br /> health or the environment under any applicable environmental laws.
<br /> 2.The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such
<br /> as trees,shrubs, and grass),surface water, and groundwater,during the holder's use and occupancy of the permit area.
<br /> Environmental damage includes but is not limited to all costs and damages associated with or resulting from the release or
<br /> threatened release of a hazardous material occurring during or as a result of activities of the holder or the holder's heirs,
<br /> assigns, agents, employees, contractors, or lessees on, or related to,the lands, property, and other interests covered by
<br /> this permit. If the environment or any government property covered by this permit becomes damaged in connection with
<br /> the holder's use and occupancy,the holder shall as soon as practicable repair the damage or replace the damaged items
<br /> to the satisfaction of the authorized officer and at no expense to the United States.
<br /> 3.The holder shall as soon as practicable,as completely as possible, and in compliance with all applicable laws and
<br /> regulations abate any activity or condition arising out of or relating to the authorized use and occupancy that causes or
<br /> threatens to cause harm to the environment, including areas of vegetation or timber, fish or other wildlife populations,their
<br /> habitats, or any other natural resources.
<br /> I. INDEMNIFICATION OF THE UNITED STATES.The holder shall indemnify, defend,and hold harmless the United
<br /> States for any costs,damages, claims, liabilities, and judgments arising from past, present,and future acts or omissions of
<br /> the holder in connection with the use and occupancy authorized by this permit.This indemnification and hold harmless
<br /> provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees,
<br /> contractors,or lessees in connection with the use and occupancy authorized by this permit which result in(1)violations of
<br /> any laws and regulations which are now or which may in the future become applicable, and including but not limited to
<br /> those environmental laws listed in clause V.A of this permit; (2)judgments, claims, demands, penalties, or fees assessed
<br /> against the United States; (3)costs,expenses, and damages incurred by the United States; or(4)the release or
<br /> threatened release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or
<br /> petroleum product into the environment.The authorized officer may prescribe terms that allow the holder to replace,
<br /> repair,restore,or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to
<br /> monetary indemnification.
<br /> J. INSURANCE.The holder shall furnish proof of insurance,such as a certificate of insurance,to the authorized officer
<br /> prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right
<br /> to review and approve the insurance policy prior to issuance.The holder shall send an authenticated copy of any
<br /> insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy.Any
<br /> insurance policies obtained by the holder pursuant to this clause shall name the United States as an additional insured,
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