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Apr 11 03 U1 : U7p b5J1U ... oc.
<br /> place or permit to be placed on, '•n. across, or through the DISTRICT's easement or
<br /> easements any building, structure, explosive, well, leach line, guy wire, or any other
<br /> obstruction, not do or permit to be done, anything which may interfere with the full and
<br /> exclusive enjoyment by the DISTRICT of the easement and easements owned by it. The
<br /> OWNER shall not authorize or permit encroachment by others or utilize the area in any
<br /> manner which may endanger or int_-dere with proper use and operation of any works or
<br /> property of the DISTRICT without 57--4 obtaining the written consent of the DISTRICT.
<br /> III .GENERAL PROVISIONS
<br /> 1) INDEMNITY AND RELEASE
<br /> OWNER, and its heirs,and its successors and assigns of the Subject Property herebv release
<br /> and do hereby indemnify and hold harmless DISTRICT, its Directors, officers, agents,
<br /> attorneys,consultants, and employees of and from all claims,demands,damages or injuries
<br /> of any kind or character whatsoever to any person or persons, lands, trees or improvements
<br /> from any cause whatsoever occurring upon the Subject Property, resulting from the
<br /> construction, reconstruction, maintee:.nce, inspection and operations of DISTRICT,
<br /> including but not limited to those caused by leakage, seepage, settlement,or overflow from
<br /> DISTRICT facilities. Further, as a major inducement and consideration for the license and
<br /> permission"herein, OWNER shall (i) indemnify and hold harmless and (ii) release the
<br /> DISTRICT,its Directors,officers,ages,attorneys,consultants and employees,of and from
<br /> any and all loss, damage, claims, descends, actions, causes of action, penalties, costs and
<br /> expenses of whatsoever nature, including court costs and attorneys fees,which may result
<br /> from injury to or death of any persons whomsoever including,but not by way of limitation,
<br /> officers, agents and employees of the DISTRICT, or any other person and against and from
<br /> damages to or loss or destruction of property whatsoever including, but not by way of
<br /> limitation, damage to the levees, canals, pipelines and appurtenant facilities of each, and
<br /> equipment or other property of the DISTRICT,when such injury,death, loss,destruction or
<br /> damage is due to or arises because of the prosecution of any work contemplated by this
<br /> AGREEMENT or the presence, ope-=on or works of the OWNER. The foregoing release
<br /> and indemaityprovisions shall be effective notwithstanding any assertion that the DISTRICT
<br /> or others indemnified and released were themselves negligent and that such negligence was
<br /> a contributing cause of the damage or loss claimed.
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