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Santa Ana River Channel
<br />E01- R1551, R1553
<br />S. INSPECTION (PMGE9.2 S)
<br />DISTRICT or its authorized representative shall have the right at all reasonable times to inspect the
<br />Premises to determine if the provisions of this Lease are being complied with.
<br />9. HOLD HARMLESS (PMGE10.2 S)
<br />TENANT hereby releases and waives all claims and recourse against DISTRICT, and County of
<br />Orange ( "COUNTY ") including the right of contribution for loss or damage of persons or property,
<br />arising from, growing out of or in any way connected with or related to this Lease except claims
<br />arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their officers,
<br />agents, employees and contractors. TENANT hereby agrees to indemnify, defend (with counsel
<br />approved in writing by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
<br />appointed officials, officers, agents, employees and contractors against any and all claims, losses,
<br />demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
<br />operation or maintenance of the property described herein, and/or TENANT'S exercise of the rights
<br />under this Lease, except for liability arising out of the concurrent active or sole negligence of
<br />DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents, employees or
<br />contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT or
<br />COUNTY is /are named as co- defendant(s) in a lawsuit, TENANT shall notify DISTRICT of such
<br />fact and shall represent DISTRICT /COUNTY in such legal action unless DISTRICT /COUNTY
<br />undertakes to represent itself /themselves as co- defendant(s) in such legal action, in which event,
<br />TENANT shall pay to DISTRICT /COUNTY its /their litigation costs, expenses, and attorneys' fees.
<br />If judgment is entered against DISTRICT /COUNTY and TENANT by a court of competent
<br />jurisdiction because of the concurrent active negligence of DISTRICT /COUNTY and TENANT,
<br />DISTRICT and TENANT agree that liability will be apportioned as determined by the court. Neither
<br />party shall request a jury apportionment.
<br />TENANT acknowledges that it is familiar with the language and provisions of California Civil Code
<br />Section 1542 which provides as follows:
<br />A general release does not extend to claims which the creditor does not know or suspect to
<br />exist in his favor at the time of executing the release, which, if known by him, must have
<br />materially affected his settlement with the debtor.
<br />TENANT, being aware of and understanding the terns of Section 1542, hereby waives all benefit of
<br />its provisions to the extent described in this paragraph.
<br />10. TAXES AND ASSESSMENTS (PMGE11.2 S)
<br />This Lease may create a possessory interest which is subject to the payment of taxes levied on such
<br />interest. It is understood and agreed that all taxes and assessments (including but not limited to said
<br />possessory interest tax) which become due and payable upon the Premises or upon fixtures,
<br />equipment, or other property installed or constructed thereon, shall be the full responsibility of
<br />TENANT, and TENANT shall cause said taxes and assessments to be paid promptly.
<br />11. SUCCESSORS IN INTEREST (PMGE12.2 S)
<br />Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall
<br />apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties
<br />hereto, all of whom shall be jointly and severally liable hereunder.
<br />Edna Park Lease (06.16.09)
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