SECTION 730:35-17-5. Responsibility for damage claims

(a)   The permittee shall indemnify, save, and hold harmless the Department, its officers, and employees thereof against all suits, actions, or claims of any character arising from any injuries or damage received or sustained by any person, persons, or property which may arise as a result of the mowing and baling operations of the said permittee; or on account of, or in consequence of any negligence on the part of the applicant in safeguarding his operations.

(b)   The permittee shall carry and keep in force liability insurance during the permit period in the following minimum amounts:

(1)   Bodily Injury, $300,000 each occurrence; and

(2)   Property Damage, $100,000 each occurrence; and

(3)   Total Liability, $400,000

(c)   The permittee shall be held responsible for any damage to fences, signs, guardrail, landscape plantings, or other highway features resulting from his operations.

(d)   The Department is not liable for the quality of the hay or for clippings obtained through this agreement and the applicant assumes all risk of injury or damage to himself, his property, or to others, or to the property of others which may result from debris, foreign objects or chemical contamination of such hay or clippings.

(e)   Mowing of state highway rights-of-way by the applicant will be done with the full knowledge that the vegetation may contain chemical residue of automotive emissions and chemical herbicides used for vegetative control.

[Source: Amended at 17 Ok Reg 1384, eff 5-11-00]