103-13 Bel Air Deer Deterrent - Township Access Agreement.pdf

4 Section 9. Damage to Municipal Right of Way. Whenever Bel Air’s use of the municipal Right-of-Way permitted under this Agreement causes any municipal Right-of-Way to be damaged, Bel Air shall, at its sole cost and expense, promptly repair and return the Right-of-Way to a condition as good as or better than they were prior to the damage. If Bel Air does not repair the site as described, the Municipality will have the option, upon five (5) days written notice to Bel Air, to perform or cause to be performed such reasonable and necessary work on behalf of Bel Air, and to charge Bel Air for the actual costs incurred by the Municipality; however, in the event of an emergency, the Municipality will be authorized to take any and all steps necessary to repair or secure the premises without such notice. Upon receipt of the demand for payment, after the aforementioned procedure, Bel Air shall promptly reimburse the Municipality for such cost within ten (10) days of receipt of an invoice. Section 10. Duration of Consent. This Agreement shall be effective for an initial term of ten (10) years commencing on the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. Upon the expiration of the initial term or a prior extension term, this Agreement shall automatically be extended for up to three (3) additional terms of ten (10) years each upon terms and conditions mutually agreeable to the parties hereto, unless either party hereto shall give written notice to the other party of its intent not to renew this Agreement at least twelve (12) months prior to the expiration of the initial term or then effective extension term. Section 11. Indemnification. Bel Air, its successors, assigns, sub-contractors, agents, servants, officers, employees, designees, guests and invitees, hereby indemnify, defend and hold harmless the Municipality, its successors and assigns, elected officials, officers, employees, servants, contractors, designees and invitees from and against any and all claims, demands, suits, actions at law or equity or otherwise, judgments, arbitration determinations, damages, liabilities, decrees of any person(s) or entities claiming to be or being harmed as a result of Bel Air’s actions under this Agreement and costs in