Laserfiche WebLink
• <br /> of the District's costs and expenses associated with the reconstruction, repair, operation and/or <br /> maintenance of the Project and/or the enforcement of any condition or covenant of this Permit required <br /> of the Permittee to be performed,shall be paid by Permittee to the District within sixty(60)days of the <br /> Permittee's receipt of the District's statement setting forth the same. <br /> 13. In the event that RD is required to take any action to enforce any term or obligation on the part of <br /> Permittee to be performed under this Permit,then and in such event Permittee shall reimburse RD for <br /> RD's reasonable out-of-pocket legal and engineering costs incurred in enforcing the terms and <br /> provisions of this Permit. <br /> All of RD's reasonable costs and expenses associated with the reconstruction,repair,operation and/or <br /> maintenance of the levee resulting from the Project and/or the enforcement of any condition or <br /> covenant of this Permit required of the Permittee to be performed, shall be paid by Permittee to RD <br /> within sixty(60)days of the Permittee's receipt of RD's statement setting forth the same. <br /> 14. If and in the event that in the sole discretion of RD an emergency exists or may arise which requires <br /> that work be performed on the levee,banks,slopes or other RD facilities in the immediate area of said <br /> Project, then and in that event RD reserves the right to take such action as it deems necessary, and <br /> Permittee hereby gives to said RD,its agents,employees or contractors,the right and permission,at <br /> Permittee's cost and expense, to remove, from the levee or the vicinity of the levee, any and all <br /> equipment,materials,supplies and appurtenances owned and/or used by the Permittee in connection <br /> with the Project. If reasonably possible, RD shall give 48 hours advance notice to the Permittee to <br /> enable the Permittee to take such action as may be necessary to protect its equipment placed on RD's <br /> levee in accordance with this Permit. If RD is unable to give such notice,it shall give advance notice <br /> at the earliest time reasonably possible. An emergency means a sudden or unexpected occurrence <br /> involving a clear and imminent danger,demanding immediate action to prevent or mitigate loss of,or <br /> damage to,life,health,property or essential public services. If made in good faith,the decision of RD <br /> as to when an emergency situation exists shall be final and RD shall have no liability or responsibility <br /> to the Permittee, its employees,agents or contractors in the exercise of the power herein reserved. <br /> 15. The Permittee shall not at any time block the crown of the levee or the access of RD over the levees of <br /> RD. All automobiles,equipment and materials used by the Permittee in connection with this Project <br /> shall be parked or placed off of the said roadway.Any temporary storage of vehicles,equipment and <br /> materials required on the levee shall be subject to the prior approval of RD.Any vehicles,equipment, <br /> materials,and/or other types of levee encroachments stored by the Permittee without the prior approval <br /> of RD shall be cause for its removal from the levee at the Permittee's expense. <br /> 16. The term of this permit is for a period commencing with the date that a fully executed copy of this <br /> Permit is received by RD and ending on October 31, 2011, subject to the provisions of section 14, <br /> above. <br /> 17. In the event that the Permittee fails to abide by any of its obligations under this Permit in a timely manner <br /> as required by this Permit,after the receipt of at least five(5)days prior written notice (except in the case <br /> of an emergency under section 14 of this Permit),then and in such event the Permittee shall reimburse <br /> RD for its out-of-pocket expenses in connection with enforcing the Permittee's obligations under the <br /> terms of this Permit, said reimbursement to include, but not be limited to, RD's reasonable legal and <br /> engineering fees and costs. <br /> 18. Any notice to be given hereunder by either party to the other shall be in writing and shall be given <br /> either by personal delivery, by overnight courier, by fax with a copy sent by U.S. Mail, or by U.S. <br /> 3 of4 <br />