Archaeological Features. 16 The attention of Developer is directed to Title 41, Article 4, Archaeological Discoveries, Sections 17 41-841, et seq., of the Arizona Revised Statutes, which make it a felony, punishable by a fine 18 and imprisonment, to investigate, explore, or excavate on State land, in or on prehistoric ruins, 19 ancient burial grounds, fossilized footprints, hieroglyphics, and all other archaeological features 20 of Arizona without permits from the Arizona State Museum. 21 Section 6(a) of the Federal Archaeological Resources Protection Act of 1979 specifies that no 22 person may excavate, remove, damage, or otherwise alter or deface any archaeological 23 resource located on public (Federal) lands or Indian lands unless such activity is pursuant to a 24 permit issued under Section 4 of the Act. Violations of this act are considered a felony and are 25 punishable by fine and imprisonment. 26 While, prior to construction, ADOT will endeavor to identify all cultural resources in the 27 Schematic ROW, previously unidentified archaeological materials could be found during the 28 construction of the Project. When archaeological, historical or paleontological features are 29 encountered or discovered during any activity related to the construction of the Project, 30 Developer shall cease all further disturbances and activities within 300 feet of the feature, 31 secure the preservation of those features, and notify ADOT. 32 ADOT will direct how to protect the features. Developer shall not resume Construction Work at 33 that Project Segment until Developer is so directed by ADOT.
Archaeological Features. Buyer, in purchasing or otherwise taking title to the Lot, does so with the express understanding and acknowledgment that the Subdivision may contain various archaeological features. Buyer, in purchasing or otherwise taking title to the Lot thereby: (a) accepts any nuisance, inconvenience, irritation, annoyance, emotional or psychological discomfort, or diminution in value of the Lot or the Subdivision that may be experienced as a result of existence of the archaeological features; (b) expressly waives any and all rights, claims, or actions that Buyer might otherwise have against the Waived Entities, the Association, and/or the Board of Directors of the Association (the "Board"), arising out of or in connection with the archaeological features; (c) agrees to hold harmless the Waived Entities, the Association, and the Board, from and against any and all claims, demands, actions, lawsuits, proceedings, fines, penalties, damages, liabilities, judgments, awards, expenses and costs (including attorneys' fees and costs) that may arise out of or may directly or indirectly be attributable to archaeological features located within the Lot; and (d) agrees to cooperate with the Waived Entities, the Association, and the Board, in the defense of any and all claims, demands, actions, lawsuits, proceedings, fines, penalties, damages, liabilities, judgments, awards, expenses and costs (including attorneys' fees and costs) that may arise out of or may directly or indirectly be attributable to archaeological features located within the Lot.
Archaeological Features
