CI.STN_CODE Permit for Earthquake Studies with The United States of America Department of the Interior Site Latitude/Longitude Assessor’s Parcel Number , representative of fee owners of certain property, hereinafter referred to as Permitter, hereby grants to U.S. Department of the Interior, Geological Survey, hereinafter referred to as Permittee, permission to operate and maintain scientific instruments, on property represented by the Permitter in ___________________________________ County, near the town of ___________________________________ California. The locations of these instruments are indicated on the attachment. Those locations may be modified with the mutual consent of parties to this agreement. This permit is given without consideration and with the following conditions and understandings: 1. This permit is for a period beginning on the date this permit is completed and continuing until revoked. 2. Permittee accepts the premises and access across the property in an "as is" condition. 3. Permittee, or Permittee's agent, shall have the right of reasonable access to enter upon the foregoing property for access to the instrument sites; (1) to transport onto said premises such equipment, tools, supplies, and materials as it may require in conjunction with its activities; (2) and to work with or upon, construct, use, inspect, maintain, adjust, repair, replace, protect, move and remove any and all said equipment, tools, supplies, and materials. Permitter shall make final decision if areas and access roads are accessible. Permitter is not responsible to maintain access roads specifically for Permittee’s use. Permittee’s access is limited to uses specifically identified in this agreement; no other uses (i.e.: recreational) are authorized or will be tolerated. 4. All equipment placed by Permittee on the permitted premises shall be and remain the property of Permittee. Permittee shall have the right to remove any or all of its equipment, instrumentation and other property at any time in accordance with access provisions #3, 5, and 6. 5. In digging, drilling, equipping, operating and maintaining its excavations, enclosures and equipment and in all other operations on the premises, Permittee shall use reasonable care and diligence and shall perform all work in a proper and workmanlike manner and so as to interfere as little as possible with agricultural, grazing or other uses to which the land may be put, and to avoid damage to the land, property, or personnel of Permitter and his tenants. No open holes shall be left unprotected. 6. Permittee agrees to attempt telephone contact with Permitter’s tenant prior to entering the property. Leaving a voice-mail will be adequate evidence of an attempt to make telephone contact with Permitter’s tenant. 7. Permittee agrees to exercise due caution to prevent fires on the premises or on adjoining lands. 1 CI.STN_CODE 8. To the extent practicable, Permittee shall confine its travel to established roads in order to avoid interference with agricultural operations, environmentally sensitive areas and to avoid gullying. 9. All gates used by Permittee shall be kept closed and locked, except when necessarily left opened by the Permitter. Access keys or combinations will be used for no purpose except those described in this permit. 10. Permittee agrees to obtain, at its expense and own effort, any and all Permits, Licenses or other necessary authorities required for installation, operation or maintenance of its equipment. 11. Permittee agrees to conform to reasonable requirements as may be set forth by Permitter or Permitter's Tenants or agent during the time of this permit. 12. Permittee will pay for all materials placed upon, joined or affixed to said premises by or at the instance of Permittee and will pay in full all persons who perform labor upon said premises at the instance of Permittee, and will not suffer or permit liens of any kind or nature to be levied against said premises or property for any work done or materials furnished thereon at the instance or request of Permittee. 13. Permitter will not be held responsible for loss of or damage to equipment installed on the property by Permittee. 14. Each party agrees to comply with all local, state and federal laws and lawful regulations, which are applicable to their respective operations hereunder. 15. The Government agrees to cooperate in the submission by Permitter or third parties of claims against the Government pursuant to the Federal Tort Claims Act for personal injury or property damage resulting from the negligent act or omission of any employee of the Government acting in the course of his employment (28 U.S.C. sec 2671, et sec.) The U.S. Geological Survey shall be liable, to the extent allowed by the Federal Tort Claims Act, for claims for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his employment, arising out of this agreement. 16. Permittee understands and agrees that the property and premises may be utilized as a cattle ranch and for recreational hunting purposes, and are not open to the public. Permittee fully assumes all risks associated with entry into such an area, including but not limited to, damage or injury including death caused by wild animals, hunters, bad roads, or lack of visitor serving facilities. Permitter assumes no responsibility for any conditions existing or occurring on the property or premises and makes no representations or warranties whatsoever as to the safety of any roads, trails, or buildings. Permittee hereby agrees that the access through the property and use of the premises is at Permittee’s own risk. Permitter or Permitter’s tenants shall not be responsible for warning of any hazards, known or unknown, associated with the property or premises. 17. Either party can terminate this agreement upon a 30 day written notice if: a. the terms of this agreement are not adhered to and cannot be reasonably resolved within a reasonable time period not exceeding 90 days, b. upon cessation of Permitter’s lease of subject property. 18. If the Permitter’s use of the property or portions of the property changes or if the Permittee’s operation and or equipment interfere with the Permitter’s operation or use of the property, the Permitter shall have the 2 CI.STN_CODE right to require the Permittee to change their operation and / or equipment to avoid interferences. 19. Any notice or demand required or permitted to be given or made hereunder shall be sufficiently made or given by certified mail, postage prepaid, and addressed: in the case of Permitter to: __________________________________________ __________________________________________ __________________________________________ in the case of Permittee to: U. S. Geological Survey 525 So. Wilson Ave. Pasadena, California 91106 (626) 583-7820 Any such notice or demand shall be deemed to have been given or made one day after deposited in the United States Post Office. Permitter and Permittee may designate any other address for this purpose by giving written notice to the other party. 20. Upon the expiration or termination of this Permit, including any renewals or extensions thereto, Permittee shall promptly remove any and all of its equipment, leaving the site neat and clean, and shall restore the premises as nearly as practicable to the condition at the start of this permit. 21. No revision to this Permit shall be valid unless made in writing and signed by Permitter and Permittee or their authorized agent. PERMITTER: Signed this ______ day of _____________ , 20___ By _______________________________________ Print Name: ________________________________________ For : _________________________________________ PERMITTEE: Signed this ______ day of _____________ , 20___ By _______________________________________ Print Name: ________________________________________ For : __ U.S. Geological Survey ___________________ 3