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they cxiSt now or are modified, and shall comply with all ether requirements of the Stormwater Permits, <br />as they exist at the time this Lease commences or as the Storinwater Permits may be modified. °TI,NANT <br />agrees to maintain current copies of the BMP Fact Sheet on the Premises throughout the term of this <br />Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within <br />all applicable BMP Fact Sheet. <br />TENANT may propose alternative BMPs that meet or exceed the pollution prevention performance of the <br />BMP Fact Sheet. Any such alternative BMI's shall be submitted to the Director for review and approval <br />prior to implementation. <br />Director may enter the Premises and/or review TENANT'S records at any time to assure that activities <br />conducted on the Premises comply with the requirements of' this section. TENANT maybe required to <br />implement a self-evaluation program to demonstrate compliance with the requirements orthiw sect.ion_ <br />19. INDEMNIFICATION (N) <br />TENANT acknowledges that the Premises is adjacent to the Flood Control Channel and that the Premises <br />is subject to all hazards associated therewith including, but not rianited, to noise, dust.. overflow and rapid <br />and potentially dangerous increases in the volume of water in the Flood Control. Channel during storm <br />events. <br />TENAN`1' on behalf of itself, its assigns, and successors in interests agrees to assume all risks, financial or <br />otherwise, associated therewith, including but not limited to,. destruction of its improvements or facilities, <br />acrd./or interruption of business operations, special events or recreational activities conducted on the. <br />Premises, loss of personal property and °or injury or death to third persons. invitees, guests and agents of <br />TENANT. <br />I'l?NAN"I further agrees on behall'of itself, and its assigns and successors in interest, to indemnify, defend <br />with counsel approved in writing by DISTRICT, release and waive all claims and recourse against <br />DISTRICT' and County. ("DISTRICT Indegnnitees") including the right of contribution for loss or damage <br />to property or injury or death of third persons, invitees, guests and agents of TENANT arising from, <br />growing out of or in any way connected with or related to DISTRICT'S adjacent Flood Control Channel <br />and flood control operations and/or related to the fact that said Premises may be subject to flooding, <br />overflow conditions. dust, noise, vibrations, and/or arising from or growing out of or in any way <br />connected to TENANT'S use of the Premises fur public recreational uses, except claims arising from the <br />concurrent active or sole negligence of'DISTRICT or District Indemnitees, their officers. agents. <br />employees and contractors. <br />TF.'NANT shall also indemnify. defend with counsel approved in writing by DISTRICT, and hold <br />DISTRICT Indemnitees, their respective elected and appointed officials. officers, employees and agents <br />harmless from claims f'or penalties, liabilities. damages or losses resulting from claims or court actions <br />directly or indirectly attributable to any damage or injury to persons or property by reason of acts or <br />ornissions of Tf NAN`I' in exercising any of the privileges herein granted or in consequence thereof. The <br />indemnity provided by 'fl?NANTin favor of DISTRICTand County in this paragraph. shall not require <br />payment as a condition precedent. <br />Sawa Ana River Claaaanel(li()I-Ra55') <br />iT" Sanort Tri,an.JV Lease jRJ:V 11).Jsi?11t1C) 10 <br />20C-14