Agmt 2003 East Bay Regional Park District EBRPD

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b. PERMITTEE shall have their insurance company complete the attached Certificate of Insurance. This Certificate of Insurance must be reviewed and approved by the Risk Manager of the DISTRICT prior to fill being deposited. 6. Indemnification: a. PERMITTEE shall be solely responsible and indemnify, defend, protect and hold DISTRICT, its directors, officers, agents and employees harmless for all matters relating to the payment of PERMITTEE's employees, including compliance with Social Security, Workers' Compensation Laws, tax withholding and all regulations governing such matters. b. PERMITTEE agrees to indemnify, defend, protect and save harmless, DISTRICT, its directors, officers, agents and employees from any and all claims, losses and expenses (including reasonable attorney's fees) or liability on account of damage to property or injury to or death of any person accruing or resulting from or in connection with PERMITTEE'S or its Authorized Representatives negligent or intentional acts or omissions. The provisions of this Section 5 shall survive the termination or expiration of this Agreement. c. As used herein, "Authorized Representatives" shall mean officer, agent, employee, director or independent contractor retained or employed by the party in question, acting within authority given him by that party. 7. Site Operations: a. The Fill Site is a public park open to public use from dawn to dusk, every day. The PERMITTEE shall at all times conduct its operations in a manner that protects the public, through the use of fencing, warning signs, flaggers or any other method deemed appropriate by the District Representative. Public access and use of all portions of the site not being actively used for the PERMITTEE's operations shall be maintained through the term of this agreement. b. If material placed at the Fill Site is judged as unacceptable by the District Representative in its sole discretion, PERMITTEE shall stop delivery of such soil to the Fill Site immediately upon the request of the District Representative and shall immediately remove from the Fill Site all unacceptable fill placed by PERMITTEE at PERMITTEE'S sole cost and expense. The District Representative at its option may then terminate this Agreement upon written notice to PERMITTEE and the parties shall be relieved of all obligations thereafter accruing, except as identified in Section 6, above. c. The entry gate on Davis Street shall be the only access point for trucks to the Fill Site. PERMITTEE shall be responsible for opening, closing and protecting the site from unauthorized access and dumping of any kind. Clean up, repair, removal, Page 6 of 8