Boat Use Permit - Amended November 2022 - partially executed

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Contract Documents 430-2722 Amended November 2022 4. Use at Sole Risk to GCSO and KCSO GCSO and KCSO shall use the District's watercraft, trucks, or other equipment at GCSO and KCSO's sole risk and expense. In the event the watercraft, trucks, or other equipment are damaged or destroyed while under control of GCSO or KCSO, its officers, agents, or employees through their negligence, GCSO and/or KCSO shall pay for the cost of making repairs to the same or pay the fair market value of the same, in the event the same is destroyed. The District retains all obligation for normal maintenance and operation costs of the watercraft, trucks and other equipment. GCSO and KCSO shall not be responsible for any physical loss or damage resulting directly from lack of maintenance on borrowed watercraft, trucks, or other equipment. 5. Location and Access A. The District will provide access badges to GCSO and KCSO personnel on request which will give access to all gates and doors relevant to this agreement. B. During all hours GCSO and KCSO personnel responding to an emergency are requested to contact the corresponding Control Room. - Wampum Control Room by calling 509-754- 5007 or Priest Rapids Control Room by calling 509-754-5006. During business hours a watercraft may be prepared by District staff for use prior to arrival. C. The entrance to the Wanapum Maintenance Center is closed and secured at all times. When responding to an emergency, non -badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain entry to the Maintenance Center Yard. D. The entrance to Priest Rapids Maintenance Yard is closed and secured at all times. When responding to an emergency, non -badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain entry to the Priest Rapids Yard. E. The watercraft, trucks, or other equipment will be available inside the Maintenance Center Yard of the corresponding dam. F. When the watercraft, trucks, or other equipment are no longer needed, they shall be returned to the location from which they were obtained. 6. No Warranties The District disclaims all warranties, express or implied, and all representations concerning the watercraft's, truck's, or other equipment's fitness for GCSO and KCSO intended use. 7. Indemnification GCSO and KCSO shall defend, indemnify, and hold harmless, the District and its officers, agents or employees, against claims and liability for damages of any nature, including death, whether to property or person, including but not limited to, GCSO and KCSO employees, directly or indirectly, Page 2 of 8