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GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
<br />Section 1542 which provides as follows:
<br />A general release does not extend to claims that the creditor or releasing party does not
<br />know or suspect to exist in his or her favor at the time of executing the release, and that
<br />if known by him or her, would have materially affected his or her settlement with the
<br />debtor or released party.
<br />GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
<br />provisions to the extent described in this section.
<br />8. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
<br />GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
<br />kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if
<br />contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally
<br />liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel
<br />approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or
<br />appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties,
<br />fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums
<br />paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after
<br />GRANTEE's use of the Easement Area as a result of such contamination. This indemnification includes,
<br />without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any
<br />cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or
<br />agency because of Hazardous Material being present in the soil or ground water under the Easement Area.
<br />GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and
<br />restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE,
<br />provided GRANTEE shall first have obtained Director's written approval and the approval of any necessary
<br />governmental entities or agencies for any such remedial action.
<br />As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
<br />which is or shall become regulated by any governmental entity or agency, including, without limitation, the
<br />County, the state of California, or the United States government.
<br />9. RESERVATIONS (PMESMS)
<br />DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
<br />in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
<br />and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood
<br />Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and
<br />maintaining the Channel facility.
<br />DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through,
<br />across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit
<br />the use by GRANTEE of the rights and easement herein granted.
<br />In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance
<br />of the Easement Area, DISTRICT's only responsibility shall be to backfill with compacted earth to the grade
<br />of the surrounding property following completion of DISTRICT's activity. GRANTEE shall restore
<br />GRANTEE Facilities to the design and grade approved as provided for in Section 1 (Construction and
<br />Maintenance) above.
<br />10. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1S)
<br />Bridge and Roadway Easement - OCFCD to City of Santa Ana 6 Rev. 02 14 18jja
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