01- 670 C.M.R. ch. 7, § 1-9

Current through 2024-51, December 18, 2024
Section 670-7-1-9 - LIABILITY AND INDEMNIFICATION

The applicant agrees to operate and maintain the trails and facilities in good and safe condition for their purpose and in accordance with all applicable federal, state and local laws, ordinance, codes, rules, regulations and standards. The Applicant shall not assign, transfer, lease or encumber its rights or obligations hereunder in or to the trails or facilities without the State's prior written consent. Upon request by the State, the Applicant shall indemnify, defend, save and hold the State and its employees harmless from and against any claims, losses, liabilities, costs, expenses, damages or other obligations of any nature in any way arising out of or in connection with the use, occupation, construction, development, repair or maintenance of any property, facilities or equipment used in connection with the facilities funded under this Agreement. Upon request of the State, the Applicant shall, at its own cost and expense, provide and keep in force comprehensive general public liability insurance against claims for personal injury, death or property damage occurring on, in or about any property or facilities funded under or used in connection with this Agreement, or respecting the use of any vehicle or equipment used in connection therewith. Any such insurance shall be in an amount, form and content determined from time to time by the State, shall include the State as a named insured at the State's request, and shall be carried by responsible companies satisfactory to the State. The State may at any time inspect any facilities or equipment used in connection with this Agreement.

01- 670 C.M.R. ch. 7, § 1-9