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<br />Santa Ana River Channel <br />EOI-RI552 <br /> <br />AT THE SOLE DISCRETION OF DIRECTOR. IF REINSTATED, TENANT SHALL PAY $200 TO <br />COVER THE PROCESSING COSTS INCURRED BY DISTRICT. <br /> <br />TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is not <br />in full force and effect as evidenced by a certificate or official binder being in the possession of Director. <br />In no cases shall assurances by TENANT, its employees, agents, including any insurance agent, be <br />construed as adequate evidence of insurance. TENANT also agrees that upon cancellation, termination, or <br />expiration of TENANT'S insurance, that DISTRICT may take whatever steps are necessary to interrupt <br />any operation from or on the Premises until such time as the Lease is reinstated by the Director. <br /> <br />TENANT further agrees to hold DISTRICT harmless for any damages resulting from such interruption of <br />business including but not limited to damages resulting from any loss of income or business resulting from <br />DISTRICT'S action. <br /> <br />Director expressly retains the right to require TENANT to increase or decrease insurance of any ofthe <br />above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be <br />deemed by County of Orange Risk Manager as appropriate to adequately protect DISTRICT. <br />Director shall notifY TENANT in writing of changes in the insurance requirements. If TENANT does not <br />deposit copies of acceptable certificates of insurance and endorsements with DISTRICT incorporating <br />such changes within thirty days of receipt of such notice, this Lease Agreement may be in breach without <br />further notice to TENANT, and DISTRICT shall be entitled to all legal remedies. <br /> <br />The procuring of such required policy or policies of insurance shall not be construed to limit TENANT'S <br />liability hereunder nor to fulfill the indemnification and hold harmless provisions and requirements. <br />TENANT liability is limited to the availability of the insurance in the marketplace at the time the Lease is <br />executed by DISTRICT. <br /> <br />16. ASSIGNING. SUBLETTING. AND ENCUMBERING PROHIBITED (PME7.3S) <br /> <br />Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, sublease amendment, or <br />assignment (hereinafter in this clause referred to collectively as "Encumbrance") of TEN ANT'S interest in <br />the Premises, or any part or portion thereof, is prohibited. Any attempted Encumbrance shall be null and <br />void and shall confer no right, title, or interest in or to this Lease. <br /> <br />If the TENANT hereunder is a corporation or an unincorporated association or partnership, the <br />Encumbrance of any stock or interest in said corporation, association, or partnership in the aggregate <br />exceeding twenty-five percent (25%) shall be deemed an assignment within the meaning of this clause. <br /> <br />17. HAZARDOUS MATERIALS (PMF9.1 S) <br /> <br />A. Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous Material" <br />or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, <br />or waste which is or shall become regulated by any governmental entity, including, without limitation, <br /> <br />17th Street Triangle Lease (07.01.09) <br /> <br />7 <br />