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FULL PACKET_2008-11-17
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FULL PACKET_2008-11-17
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1/3/2012 4:26:33 PM
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11/12/2008 2:32:21 PM
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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 />,rE?NANT parties. The foregoing indemnity shall also specifically include the cost of any required or <br />necessary repair, restoration, clean-up or detoxification of the Premises and/or the Floooi Control <br />Channel and the preparation of any closure or other required plans. <br />18. BEST MANAGEMENT PRACTICES (PMF 1 1.2S) <br />TENANT and all ofTENANT'S, subtenants, agents, employees and contractors shall conduct operations <br />under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems <br />are comprised of, but arc not limited to curbs and gutters that are pail of the street: systems ("Storcriwater <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, harbor;, <br />bays and oceans). <br />The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant <br />Discharge El I inination 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-penmittees (hereinafter <br />collectively referred to as "County Parties") which regulate the discharge of urban runoff rom 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 Storunwater Permits and water duality ordinances, the County Parties 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 (BMPs) that parties using properties <br />within Grange County must adhere to. As used herein, a BMP is detincd 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 County's 111' in the <br />form of Model Maintenance Procedures and BMP Fact Sheet (the Model Maintenance Procedures and <br />BMP Fact Sheet contained in the DAMP/LIP shall be referred to bereinafter collectively as "BMP Fact <br />Sheet'") and contain pollution prevention and source control techniques to eliminate non-stonn water <br />discharges and minimize the impact of pollutants on stormwater runoff. <br />BMP Fact Sheet that apply to uses authorized under this Lease include the BM.P Fact Sheet that are <br />attached hereto as Attachment C. These BMP Fact Sheet may be modified during the term ofthe Lease, <br />and Director shall provide TENANT with any such modified BMP Fact Sheet. TENANT, its subtenants, <br />agents, contractors, representatives and employees and all persons authorized by TE;NA T to conduct <br />activities our the Premises shall, throughout the term of this Lease, comply with the BMP Fact Sheet as <br />' 4nta Ana River t 11nnel (1.01-R 1552) <br />I-` Street'lriangfe _ettsetRFV 1012914XIX) 9 <br />20C-13
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