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