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Santa Ana River Channel
<br />E01- 81551, R1553
<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 may be required to
<br />implement a self - evaluation program to demonstrate compliance with the requirements of this section.
<br />20. INDEMNIFICATION (N)
<br />TENANT acknowledges that the Premises are adjacent to the Flood Control Channel and that the
<br />Premises are subject to all hazards associated therewith including, but not limited, to noise, dust,
<br />overflow and rapid and potentially dangerous increases in the volume of water in the Flood Control
<br />Channel during storm events.
<br />TENANT on behalf of itself, its assigns, and successors in interests agrees to assume all risks, financial
<br />or otherwise, associated therewith, including but not limited to, destruction of its improvements or
<br />facilities, and/or interruption of 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
<br />of TENANT. TENANT further agrees on behalf of itself, and its assigns and successors in interest, to
<br />indemnify, defend with counsel approved in writing by DISTRICT, release and waive all claims and
<br />recourse against DISTRICT and County, ( "DISTRICT Indemnitees ") including the right of
<br />contribution for loss or damage to property or injury or death of third persons, invitees, guests and
<br />agents of TENANT arising from, growing out of or in any way connected with or related to
<br />DISTRICT'S adjacent Flood Control Channel and flood control operations and/or related to the fact
<br />that said Premises may be subject to flooding, overflow conditions, dust, noise, vibrations, and/or
<br />arising from or growing out of or in any way connected to TENANT'S use of the Premises for public
<br />recreational uses, except claims arising from the concurrent active or sole negligence of DISTRICT or
<br />DISTRICT Indemnitees, their officers, agents, employees and contractors.
<br />TENANT 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
<br />agents harmless from claims for penalties, liabilities, damages or losses resulting from claims or court
<br />actions directly or indirectly attributable to any damage or injury to persons or property by reason of
<br />acts or omissions of TENANT in exercising any of the privileges herein granted or in consequence
<br />thereof. The indemnity provided by TENANT in favor of DISTRICT and County in this paragraph.
<br />shall not require payment as a condition precedent.
<br />Regarding claims which arise during the TENANT'S tenancy on the Premises, the foregoing
<br />indemnity shall survive termination of this Lease, in addition to any other rights or remedies which
<br />DISTRICT may have under law or under this Lease.
<br />21. NOTICES (PMF 10.1 N)
<br />All notices, documents, correspondence, and communications concerning this Lease shall be addressed
<br />as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be
<br />sent through the United States mail, with postage prepaid. Any such mailing shall be deemed served
<br />or delivered forty -eight (48) hours after mailing. Each party may change the address for notices by
<br />giving the other party at least ten (10) calendar days prior written notice of the new address.
<br />Edna Park Lease (06.16.09) 11
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