Question
What edits should you do in this contract if you are the owner residing in Washington state? Please include referenced materials. Thanks. This Portable Noise
What edits should you do in this contract if you are the owner residing in Washington state? Please include referenced materials. Thanks.
This Portable Noise Monitor Placement & Entry Agreement ("Agreement") is entered into between the homeowner ("Owner"), and the Portlandia Airport, an Oregon municipal corporation ("the Port"). Owner owns the property legally described in Exhibit A, (the "Property"). The Port is the owner, proprietor and operator of Portlandia International Airport ("Airport").
Owner has requested and the Port has agreed that the Port will temporarily install, operate, gather data from, and then remove, one of the Port's portable noise monitors ("the Monitor") on the Property on the terms and conditions set forth in this Agreement.
5. Indemnity.
a. Port Obligations. While on the Property, the Port Representatives will comply with all applicable government laws and regulations. The Port, at its sole cost and expense, shall obtain any and all permits, licenses, and other government approvals that may be required in order to make lawful its entry onto the premises and performance of the Necessary Activities. The Port further agrees to defend and hold the Owner harmless from any claim, liability, obligation or damages incurred by Owner (collectively "Claim") in any way related to, or arising out of, the activities by the Port pursuant to this Agreement. These obligations do not include any cost, Claim and/or fees and costs which may result from or be caused by the sole negligence of the Owner, its successors or assigns; provided, that if any such costs, Claims and/or fees and costs are caused by or result from the concurrent negligence of (a) the Owner, its agents or employees and (b) the Port or its Representatives, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Port or its Representatives. These obligations also do not include any cost, Claim, and/or fees and costs which may result from or be causedany of the following (which events and/or circumstances are referred to as "Force Majeure"), to the extent beyond either party's reasonable control: acts of God, natural catastrophes, severe and unforeseen weather conditions (wind, rain, flooding, ice or snow), landslides, fires, or explosions.
b. Owner Obligations. Owner shall, at Owner's sole cost and expense, obtain any and all approvals or consents required for the placement of the Monitor under anyCovenants, Conditions & Restrictions, Homeowners Association rules or similar restrictions on use applicable to the Property.Owner agrees to defend and hold the Port harmless from any claim, liability, obligation or damages incurred by the Port (collectively "Claim") in any way related to, or arising out of activities by Owner while the Monitor is on the Property pursuant to this Agreement, including, without limitation, any damages to the Monitor while it is located on the Property. These obligations do not include any cost, Claim and/or fees and costs which may result from or be caused by the sole negligence of the Port , its successors or assigns; provided, that if any such costs, Claims and/or fees and costs are caused by or result from the concurrent negligence of (a) Owner, its agents or employees and (b) the Port or Port Representatives, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Owner or its agents or employees. These obligations also do not include any cost, Claim, and/or fees and costs which may result from or be causedany of the following (which events and/or circumstances are referred to as "Force Majeure"), to the extent beyond either party's reasonable control: acts of God, natural catastrophes, severe and unforeseen weather conditions (wind, rain, flooding, ice or snow), landslides, fires, or explosions.Owner shall have no liability for damage, theft or removal of the Monitor from the Property or for injury to Port Representatives or Port vehicles or property occurring on the Property if Owner demonstrates that Owner has satisfied each of the obligations set forth in Sections 2(d)(1), (2) and (3) above.
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