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<br />ATTY/AGR/2022.014.06/TRI-PARTY AGREEMENT
<br />REV: 01-25-2022 VR
<br />3.Compliance with Laws; Hazardous Substances; Permits.County shall conduct all
<br />County Activities in compliance with all applicable Federal, State and municipal statutes
<br />and ordinances, and with all applicable regulations, orders and directives of appropriate
<br />governmental agencies, including without limitation those relating to dust control and (as
<br />applicable) the transportation, storage, use and disposal of Hazardous Substances.
<br />County shall obtain all (if any) permits required for the County Activities on the Temporary
<br />License Area or applicable portion thereof.
<br />4.Other Requirements.
<br />(a) Fencing. During the Term, County or its contactors, in coordination with
<br />Developer, shall install and maintain temporary fencing around the perimeter of
<br />the Developer City Remainder Laydown License Area.
<br />(b) Non-Interference. At all times County shall ensure that all County Activities are
<br />conducted in a manner to reasonably minimize noise, disruption and interference
<br />with the Roadway Work and (if applicable) construction of the Project and
<br />Blomquist , and City use of the Temporary Road.
<br />(c) Avoidance of Wetlands. County shall take care to avoid all wetlands within the
<br />City Remainder, and to prevent any persons, equipment, materials, debris or other
<br />objects from entering into any wetlands area.
<br />(d) Limitations on City Remainder Roadway License. County’s rights under the City
<br />Remainder Roadway License are subject to the Developer’s Roadway Work and
<br />City’s Temporary Roadway Access Rights.
<br />(e) General Cooperation/Coordination. Each of County and City shall, and each shall
<br />cause their respective contractors, subcontractors, consultants and
<br />representatives to, work together in good faith to facilitate each party’s permitted
<br />activities and minimize conflicts on the City Remainder and City Parcel and in the
<br />City Remainder Roadway License Area and City Parcel Roadway License Area.
<br />The parties shall work together (and with the Developer) to develop and comply
<br />with mutually acceptable schedules and protocols, including without limitation work
<br />hours, meetings, access points, etc. Without limiting the foregoing, each of
<br />County and City shall designate a single representative to serve as a point of
<br />contact for that party.
<br />5.Insurance.During the Term of this License, County shall maintain (or cause its
<br />contractors to maintain) all insurance required in Exhibit B. County shall provide Owner
<br />evidence of the foregoing insurance upon request.
<br />6.Indemnity.
<br />(a) County shall indemnify, defend (with counsel approved by Owner) and hold
<br />harmless Owner and its officers, officials, employees and agents, (collectively,
<br />“Indemnitees”), from and against any and all claims, losses, liabilities, damages,
<br />fines, penalties, fees, charges, liens, judgments, causes of action, suits, legal and
<br />administrative proceedings, (whether legal or administrative), remediation,
<br />response, removal, or clean-up obligations, and all costs and expenses associated
<br />therewith (including without limitation attorneys’ fees, expert fees, and court costs)
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