Public Access Claims; Owner Responsibility Claims. If a claim for any Loss for personal injury or property damage occurring within the Easement Area after the Agreement Date (a “Public Access Claim”) is asserted against either Owners or Holder, or both, it is anticipated that they will assert such defenses (including immunity under the Recreational Use of Land and Water Act) as are available to them under applicable law. The phrase “Public Access Claim” excludes all claims (collectively, “Owner Responsibility Claims”) for Losses and Litigation Expenses arising from, relating to or associated with (i) personal injury or property damage occurring prior to the Agreement Date; (ii) activities or uses engaged in by Owners, their family members, contractors, agents, employees, tenants and invitees or anyone else entering the Property by, through or under the express or implied invitation of any of the foregoing; or (iii) structures, facilities and improvements within the Easement Area (other than Accessory Facilities installed by Holder).
Public Access Claims; Owner Responsibility Claims. If a claim for any Loss for personal injury or property damage occurring within the Trail Easement Area, or within the Temporary Construction Easement (during its term), after the Easement Date (hereinafter referred to as a “Public Access Claim”) is asserted against either the Property Owner or the Holder, or both, it is anticipated that the Property Owner and/or the Holder will assert such defenses (including, but not limited to, immunity under the Pennsylvania Recreational Use of Land and Water Act, 68 P.S. §477-1 et seq., as amended) as are available to them under applicable law. The phrase “Public Access Claim” excludes all claims for Losses and Litigation Expenses arising from, relating to or associated with the following (herein collectively referred to as “Property Owner Responsibility Claims”): (1) personal injury or property damage occurring prior to the Easement Date; (2) activities or uses engaged in by Property Owner, its contractors, agents, employees, tenants, and invitees, or anyone else entering the Property by, through, or under the express or implied invitation of any of the foregoing; or (3) structures, facilities, and improvements within the Trail Easement Area (other than improvements installed by the Holder).
