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form of'Model Maintenance Procedures and BMP Fact Sheet (the Model Maintenance Procedures and BMP Fact Sheet contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheet") and contain pollution prevention and source control tecluliques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheet that apply to uses authorised under this Lease include the BMP Fact Sheet that are attached hereto as Exhibit D. 'T'hese :BMP Fact Sheets may be modified during the term of the tease; and Director shall provide TENANT with any such modified BMP Fact Sheet. "TENANT, its subtenants, agents, contractors, representatives and employees and all persons authorized by'rENANr to conduct activities on the Premises shall, throughout the term of this Lease, comply with the RMP Tact Sheet as they exist now or are modified, and shall comply with all other requirements ofthe Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. TT NX\rr agrees to maintain current copies of the BMP Fact Sheet on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this [case must be pcrfon-ned as described within all applicable E3;MP Fact Sheet. fENANI` may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Tact Sheet. Any such alternative BMPs shall be submitted to the Director for review and approval prior to implementation. Director may enter the Premises and/or review TENANT'S records at any time to assure that activities conducted on the Premises comply with the requirements of this section. "rENAN'r may be required to implement a self-evaluation program. to demonstrate compliance with the requirements of this section. 20. INDEMNIFICATION (N) 'T'ENANT acknowledges that the Premises is adjacent to the Flood Control Channel and that the Premises is subject to all hazards associated. therewith including, but not limited, to noise, dust, overflow and rapid and potentially dangerous increases in the volume ofwater in the Flood Control Channel during storm events. TENANT on behalf of itself; its assigns, and successors in interests agrees to assume all risks, financial or otherwise, associated therewith, including but not limited to, destruction ofits improvements or facilities, an(/or interruption of operations, special events or recreational activities conducted on the Premises, loss of personal property and/or injury or death to third persons, invitees, guests and agents of TENAN'r. TENANT further agrees on behalf of itself, and its assigns and successors in interest, to indemnify, defend with counsel approved in writing by DISTRICT, release and waive all claims and recourse against DISTRICT and County, ("DISTRICT' Indemnitees") including the right of contribution for loss or damage to property or injury or death of third persons, invitees, guests and agents of`I'ENAN'T arising from, growing out of or in any way connected with or related to DIS'TRICT'S adjacent Flood Control Channel and flood control operations and/or related to the tact that said Premises may be subject to flooding, overflow conditions, dust, noise, vibrations, and/or arising from or growing out of or in any way connected to TENANT'S use of the Premises for public recreational uses, except claims arising from the concurrent active or sole negligence of DISTRICT or District Indernnitces, their officers, agents, employees ar'd contractors. Santa Ana /kn'ees'( `gar= el IFO €-R1`+jl t.elnci PiJr„ I.easc (H[ V 10,'2Q,08) 10 20D-14