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<br />Santa Ana River Channel <br />EOl-R1552 <br /> <br />TENANT may propose alternative BMPs that meet or exceed the pollution prevention performance of the <br />BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director for review and approval <br />prior to impl~mentation. <br /> <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 /> <br />19. INDEMNIFICATION (N) <br /> <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 limited, 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 /> <br />TENANT 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 />and/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 /> <br />TENANT further agrees on behalf 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 Indemnitees") including the right of contribution for loss or <br />damage to property or injury or death of third persons, invitees, guests and agents of TENANT arising <br />from, growing out of or in any way connected with or related to DISTRICT'S adjacent Flood Control <br />Channel and flood control operations and/or related to the fact that said Premises may be subject to <br />flooding, 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 for 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 /> <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 agents <br />harmless from claims for 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 />'omissions of TENANT in exercising any of the privileges herein granted or in consequence thereof The <br />indemnity provided by TENANT in favor of DISTRICT and County in this paragraph shall not require <br />payment as a condition precedent. <br /> <br />17th Street Triangle Lease (07.01.09) <br /> <br />10 <br />