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2. Conditions to Use of Easement. The easement granted is subject to the following
<br />conditions:
<br />A. Offen shall be responsible for all costs associated with the construction,
<br />maintenance, inspection, improvement, repair or reconstruction of the SSTS.
<br />S. Prior to entering the Easement Premises to perform work pursuant to this
<br />Easement Agreement, Otten and any of his contractors, inspectors, and agents shall obtain
<br />permission from the City (which permission shall not be unreasonably withheld) and shall
<br />provide to the City proof of proper licensing to perform work pursuant to this Easement
<br />Agreement and proof of general commercial liability insurance. Said insurance shall provide
<br />minimum coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate. Offen may,
<br />however, open and disturb the Easement Premises without permission from the City where an
<br />emergency exists requiring the immediate repair of SSTS. In such event Otten shall notify the
<br />City by telephone to the office designated by the City before opening or disturbing the Easement
<br />Premises. On the next working day thereafter, Otten shall obtain any required permits and
<br />provide any evidence of licensing and insurance required under this Easement Agreement.
<br />C. Upon completion of any work requiring the opening of the Easement Premises,
<br />Otten shall, in all cases, place the Easement Premises in, on, under or across which the same are
<br />located in as good condition as they were prior to said operation. Offen shall also maintain the
<br />same in good condition for two (2) years thereafter. The work shall be completed as promptly as
<br />weather permits, and if Otten shall not promptly perform and complete the work, remove all dirt,
<br />rubbish, equipment and material, and put the Easement Premises in the said condition, the City
<br />shall have, after demand to Otten to cure and the passage of a reasonable period of time
<br />following the demand, but not to exceed five (5) days, the right to make the restoration at the
<br />expense of Otten. Otten shall pay to the City the cost of such work done for or performed by the
<br />City, including its administrative expense and overhead, plus ten percent (10%) additional as
<br />liquidated damages. This remedy shall be in addition to any other remedy available to the City.
<br />3. Compliance with Applicable Laws. Otten, his contractors, inspectors, and agents shall at
<br />all times comply with all applicable laws, ordinances, rules, regulations, and codes, federal, state,
<br />and local, whether now or hereafter promulgated or enacted. At no time shall the installation,
<br />operation, or maintenance of the SSTS endanger or interfere with the safety of persons or property
<br />in the City.
<br />4. Indemnification. Offen shall indemnify, keep and hold the City, its elected officials,
<br />officers, employees, and agents free and harmless from any and all liability on account of injury
<br />or death of persons or damage to or depreciation in value of property occasioned by the
<br />construction, maintenance, repair, inspection, the issuance of permits, associated with Otten's
<br />operation of an SSTS within the Easement Premises.
<br />5. Insurance. Throughout the term of this Agreement, Otten shall procure and maintain
<br />commercial general liability and property damage insurance against claims for personal injury
<br />(including contractual liability arising under the indemnity contained in Paragraph 4 above),
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