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Premises caused or permitted by ` ENANT or TENANT Parties, or enter into any settlement
<br />anreemen_t, consent decree or other compromise with any governmental or quasi-governmental entity
<br />without first obtaining the prior written consent of DISTRICT. All work performed or caused to be
<br />performed by TENANT as provided for above shall be done in good and workmanlike manner and in
<br />compliance with plans, specifications, permits, and other requirements for such work approved by
<br />DISTRICT.
<br />D. Intle2n,nifcation for Hazardous Ylateriats. To the fullest extent permitted by law. TENANT ' hereby
<br />agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by
<br />DISTRICT] DISTRfC`f' and County, their elected officials, officers, employees, agents, and
<br />independent contractors and the Premises, from and against any and all liabilities, losses, damages
<br />(including, but not limited to, damages far the loss or restriction of use of rentable or usable space or
<br />any amenity of the Premises or damages arising from any adverse impact on marketing and diminution
<br />in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs anti
<br />expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all
<br />other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or
<br />indirectly out of the presence, use, generation, storage, treatment, on or off=site disposal or
<br />transportation of Hazardous Materials on, into, from, under or about the Premises by TENANT or
<br />TENANT parties. The foregoing indemnity shall also specifically include the cost of any required or
<br />necessary repair, restoration, clean-tip or detoxification of the, Premises and/or the blood Control
<br />Channel and the preparation of any closure or other required plans.
<br />lq. BEST MANAGEMENT PRACTICES (P11<tF1 1.2S)
<br />TENANT and all of rEiNANT`S, subtenants, agents, employees and contractors shall conduct operations
<br />under this Lease so as to assure that pollutants do not enter municipal store drain systems which systems
<br />are comprised of, but are not limited to curbs and nutters that are part of the street systems ("Stormwater
<br />Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used
<br />herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors,
<br />bays and oceans).
<br />The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant
<br />Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the
<br />Orange County Flood Control District and cities within Orange County, as co-pen-iittees (hereinafter
<br />collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas
<br />within the County of Orange, including the Premises leased under this Lease. The County Parties have
<br />enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff
<br />being discharged into the Stormwater Drainage System.
<br />To assure compliance with, the Stortnwater Permits and water quality ordinances, the County Patties have
<br />developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan
<br />(LIP) for each jurisdiction that contains Best Management Practices (1?MPs) that parties using properties
<br />within Orange, County must adhere to. As used herein, a BMP is defined as a technique, measure, or
<br />structural control that is used for a given set of conditions to manage the quantity and improve the quality
<br />of'stormwater runoff in a cost effective manner. These BMPs are found within the CoUMV s 1.111 in the
<br />Sterna Ana RiVCr 01:1: Mei (N)I-R1551)
<br />Perna Park Lcas: (RE 10,19.0s; 9
<br />20D-13
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