Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 408 - NEBRASKA DEPARTMENT OF TRANSPORTATION - OPERATIONS DIVISION
Chapter 1 - HAY HARVESTING PERMITS
Section 408-1-003 - LIABILITY

003.01 The applicant for a permit shall sign a release acknowledging that the applicant:

003.02 The applicant shall provide to the Department an ACORD Certificate of Insurance or substantially equivalent certificate showing the types and amounts of Liability Insurance carried by the applicant and showing that each policy includes coverage of at least one million dollars for mowing, baling, and removing hay from state highway property. The Applicant shall provide the Department with a copy of any policy of insurance used to meet the coverage limits.

003.03 All risk of injury or damage to the permittee, property of the permittee or his or her employees or sub-contractors which may result from debris, foreign objects, or chemical contamination resulting from handling or feeding hay is assumed by the permittee.

003.04 The permittee shall assume all risk and liability for accidents and damages that may occur to persons or property as a result of a permit to harvest hay on the right-of-way. The permittee shall indemnify and hold the Department harmless from any and all costs, liabilities, expenses, suits, judgments, or damages to persons or property, or claims of any nature arising out of or in connection with a permit to harvest hay on the right-of-way or the operation and performance by the permittee, his or her employees or sub-contractors.

003.05 The permittee shall be liable for any damage to Department right-of-way, culverts, bridges, drainage channels, slopes, right-of-way markers, pavement, shoulders, inlets, fences, signs, guardrail, trees and shrubs or appurtenances, or any other thing or device located on the highway right-of-way by permit, as a result of work associated with a permit to harvest hay on the right-of-way.