8H Consent 2007 0319 - Laserfiche WebLink

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5. Use of Premises: Permittee is authorized to do only the following on the Premises: construction of a portion of a trail connecting to the north end of the Oyster Bay Slough Bridge ("Trail Improvements") and the repair of such Trail Improvements for twelve (12) months after completion of the Trail Improvements. Construction of the Trail Improvements on the Premises will include a retaining wall and fill to be placed on the slope on the north side of an existing levee. Permittee shall use the Premises only as necessary for the construction of that portion of the Trail Improvements located on Port property. 6. Compensation: No monetary compensation is required. 7. Indemnification and Hold Harmless: Permittee shall defend, (wi th legal counsel approved or chosen by the Port Attorney) indemnify and hold the Port harmless against all claims, suits, liability and expense for any loss of, or damage, injury or death to, any person or any property (including the person or property of the Port or of Permittee, its officers, employees, agents or invitees) or violation of any law, regulation, order or permit, which directly or indirectly arises out of Permittee's occupancy or use of the Premises, construction of the Trail Improvements, or the activities related thereto. In addition, Permittee shall be responsible for the repair of any damage to existing Port facilities arising directly or indirectly out of Permittee's use of the Premises. These obligations of Permittee shall not apply to any such loss, damage, injury or death caused solely by the negligence or other wrongful conduct of the Port but shall apply under all other circumstances. The obligations of Permittee under this Section arising by reason of any occurrence taking place during the term of this Agreement, shall survive any termination of this Agreement. For purposes of this Section, "the Port" shall include the Board of Port Commissioners and each of its Commissioners, officers, employees and agents. The foregoing provisions of this Section are not intended and shall not be construed to limit in any manner whatsoever the protection or benefits to which the Port otherwise would be entitled as an additional insured under any liability insurance maintained or required to be maintained by Permittee under this A~reement. 8. Insurance: Permi ttee or its contractors, shall maintain in force during the term of this Agreement Comprehensive or Commercial General Liability Occurrence Form insuring Bodily Injury and Property Damage Liability, including: ~ Premises and Operations; ~ Owned, Nonowned and Hired Automobiles; [J Completed Operations; [J Product Liability; [J Blanket Contractual; l02681.v6