PERMIT
CONDITIONS
1. Licensee shall defend, indemnify, save and hold harmless TOS, its officials and employees without limitation from and against any and
all claims (including, but not limited to, workers' compensation, disability or environmental liability claims), damages, losses, liabilities,
fees, fines or expenses (including but not limited to attorney fees, court costs, and cost of appellate proceedings) relating to, arising from,
resulting from or alleged to have arisen or resulted from the Licensee’s exercise of this right-of-way. Licensee’s duty to defend,
indemnify, save and hold harmless TOS, its officials and employees shall arise in connection with any and all claims, damages, losses,
liabilities, fees, fines or expenses that are attributable to bodily injury, personal injury, sickness, disease, death or damage to, or
destruction of, tangible or intangible property including the loss of use therefrom, or environmental claims and fines, caused in whole or
in part by any act, error, mistake or omission of Licensee, its officers, officials, employees, members, guests invitees, participants,
agents, vendors, subcontractors or anyone for whose acts Licensee may be liable. That the Licensee assumes the responsibility and all
liability for injury or damage to said highway, or to any person while using said highway, caused by arising out of the exercise of this
permit or license.
2. That all work done shall be at the sole cost and expense of the Licensee and shall be done at such time and in such a manner as to be least
inconvenient to the general public, and as directed by the agent of the Licensor. Work must be finished in the time specified on permit
unless the appropriate renewal fees are paid prior to the expiration date.
3. That when the proposed work is completed, the Licensee shall repair the roadbed and replace the surfacing material thereon, and will leave
the said road in as good a condition as it is now or better, so far as the road is affected by the Licensee.
4. If the subject of the permit or license fails to pass final inspection, the Licensee will remove or replace the same within such time as
specified by written notice from the Licensor, or if at any time hereafter, any material used by the Licensee in replacing or reconstructing
any part of said highway proves defective, the Licensee will replace the same with the kind and quality of material which the Licensor
shall specify.
5. That if the title and possession of any property placed upon the right-of-way by the Licensee remains in said Licensee, the Licensee shall
and will promptly perform all necessary repair work upon written notice from the Licensor, and will not permit or allow any condition to
exist which would be a hazard or source of danger to the general public. In the event Licensee fails or refuses to make necessary repairs
within a reasonable time after notice from licensor, licensor may make any repairs necessary to eliminate a hazard or source of danger to
the public and charge Licensee for the repairs.
6. That if at any time hereafter the right-of-way, or any portion thereof occupied and used by the Licensee, may be needed or required by the
Licensor, any permit or license granted in pursuance of this application may be revoked by the Licensor and all rights thereunder
terminated and upon sufficient notice, the Licensee shall and will remove all property belonging to said Licensee. This permit is not
exclusive unless otherwise stated in the permit. The TOS reserves the right to use or allow others to use any part of the TOS right- of-way,
property or land pertaining to this permit. The Applicant agrees to allow others of the public free and unrestricted access to, and use of,
the TOS right-of-way, property or land at all times for the lawful purposes.
7. That in the event that the work to be done under the authority of the permit or license necessitates the creation of any hazard or source
of danger to any person or vehicle using said highway, said Licensee shall and will provide and maintain at all times during the
existence of said hazard sufficient barriers, hanger signals, lanterns, detours in accordance with the Manual on Uniform Traffic Control
Devices (M.U.T.C..D.) and shall and will take such other measures of precaution as the Licensor shall direct.
8. That if the work to be undertaken is of such a nature or character that the Licensor deems it necessary that said work be laid out or
inspected by the Licensor, said Licensee will defray any and all expenses incurred by said Licensor and herein agrees to reimburse the
Licensor and for that purpose will deposit with the Licensor a sum of money in the amount necessary to cover all cost incurred by the
Licensor.
9. That in the event any property belonging to or the area occupied by such property being used by the Licensee within any portion of the
right-of-way interferes with or is needed to construct, maintain, reconstruct, improve, or relocate any highway, street, road, drainage, or
utility lines or structures pertaining thereto, by or for the Licensor or the general public, said Licensee shall at his own expense relocate,
remove, lower or raise such property, within a reasonable time, when requested to do so by the Licensor in writing.
10. On or before the effective date of this permit the Licensee shall provide the following to the TOS Engineer:
a. A certificate of insurance confirming that the Licensee has obtained and maintains general liability insurance with a limit of
$1,000,000 per occurrence and $1,000,000 products liability insurance, said coverage to remain in force for the entire term for
which the Permit is granted. All policies shall specify that the subject coverage is primary and shall identify the TOS as an
additional insured. Satisfaction of this insurance requirement shall, in no way limit the Licensee’s indemnity obligation as set
forth in Paragraph 1 above. Fifteen days written notice of any change in coverage or cancellation of any policy shall be provided
to the TOS Engineer.
b. The licensee insurance or self-insurance shall be primary and any insurance maintained by the TOS shall not contribute to, or be
excess of, the Applicant’s insurance or self-insurance.
c. The licensee insurance or self-insurance shall contain a waiver of rights of recovery or subrogation against the TOS, its officials
and employees for any and all claims, damages, losses, liabilities or expenses relating to, arising from, resulting from, or alleged
to have risen or resulted from, the right-of-way.
1. This right-of-way is for TOS property and shall not be construed as an authorization for use of adjacent private or public property,
grounds or land or any other area where a separate right-of-way, agreement or permit may be required. Licensee shall be responsible for
obtaining all necessary right-of-way, agreements, permits or insurance by the federal, state, municipal or other governmental or private
entity.
