ARTICLE XXVII – PROTECTION FROM LOSS OR DAMAGE
1. Disclaimer: The Cemetery shall take reasonable precautions to protect plot Owners, within the Cemetery, from loss or damage; but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
2. Gravesite: The Cemetery is not responsible for theft or damage to anything placed on graves or lots.
3. Orders Given by Telephone: Under no condition will the Cemetery assume responsibility for errors in opening graves, crypts or niches when orders are given by telephone. Orders by the funeral director for the opening of graves, crypts or niches will be construed as orders from the lot Owner.
4. Misrepresentations or Errors: The Cemetery will not be liable for misrepresentations or errors made by the person or persons purported to be the Owners, legal representatives or agents.
5. Right of Cemetery Self Help: Upon a Holder of burial rights’, their successors’, agents’, guests’, visitors’, or suppliers’ (collectively “Holder”) failure to comply with the provisions of the Rules and Regulations, as may be amended from time to time, the Cemetery may freely enter upon the Lot and all improvements thereon at any time and take or cause to be taken such action as may be considered necessary at the Cemetery’s sole discretion to cause compliance therewith, without liability unto the Cemetery or any of its respective successors, assigns, officers, employees, stockholders, directors, partners, agents, servants or contractors, or affiliates or related entities, from the Holder, or any other person or entity for trespass, theft, emotional distress or otherwise, and the Holder shall immediately, upon demand, reimburse the Cemetery or other performing party for all expenses incurred in so doing, including, without limitation, attorney’s fees, and the Cemetery shall have a lien on that or other lots in the Cemetery owned by Holder and the improvements thereon to secure the repayment of such amounts.
6. Legal Costs: In the event of litigation relating to any subject matter involving the Holder’s of burial rights, the Cemetery shall be reimbursed for all of its reasonable attorney fees and costs resulting therefrom by said Holder(s).
7. Adjoining Lots: Lot Owners are liable for any damage to adjoining lots or other property in the Cemetery caused their agents by construction work on mausoleums, monuments, markers, etc.
8. Notice of Prosecution: Violations of the above Rules and Regulations shall be prosecuted as provided by law.
9. Vehicle Restrictions: It shall be unlawful to operate a motor vehicle within the Cemetery at a speed in excess of ten (10) miles per hour; all vehicles shall be restricted to the Cemetery roads and shall drive and park on the right side. No undue noise shall be permitted by vehicles traveling through the Cemetery and only licensed drivers my operate vehicles within the Cemetery grounds.
10. Sexton Authority: The Sexton reserves the right to exclude any or all vehicles from the grounds on Memorial Day, other holidays or when a special event requires exclusion due to public safety or private protection. The Sexton also reserves the right to exclude any vehicles that might in any way damage the roads within the Cemetery grounds.
