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<br />Santa Ana River Channel
<br />EOI-R1552
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<br />DISTRICT, acting in its governmental capacity, the State of California, or the United States
<br />government.
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<br />B. Use of Hazardous Materials. TENANT or TENANT'S employees, agents, independent
<br />contractors or invitees (collectively "TENANT Parties") shall not cause or permit any Hazardous
<br />Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed
<br />of on, under, from or about the Premises (which for purposes of this clause shall include the
<br />subsurface soil and ground water). Notwithstanding the foregoing, TENANT may, subject to
<br />Director's prior written permission, keep on or about the Premises small quantities of Hazardous
<br />Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on
<br />the Premises. Said permitted Hazardous Materials shall be stored in a safe location and shall be
<br />disposed of in a manner provided by law.
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<br />C. TENANT Obligations. If the presence of any Hazardous Materials on, under or about the
<br />Premises caused or permitted by TENANT or TENANT Parties results in (i) injury to any person,
<br />(ii) injury to or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or
<br />(iii) injury to or contamination of any real or personal property wherever situated, TENANT, at its sole
<br />cost and expense, shall promptly take all actions necessary or appropriate to return the Premises and/or
<br />the Flood Control Channel to the condition existing prior to the introduction of such Hazardous
<br />Materials to the Premises and/or to the Flood Control Channel and to remedy or repair any such injury
<br />or contamination. Without limiting any other rights or remedies of DISTRICT under this Lease,
<br />TENANT shall pay the cost of any cleanup or remedial work performed on, under' or about the
<br />Premises as required by this Lease or by applicable laws in connection with the removal, disposal,
<br />neutralization or other treatment of such Hazardous Materials caused or permitted by TENANT or
<br />TENANT Parties. Notwithstanding the foregoing, TENANT shall not take any remedial action in
<br />response to the presence, discharge or release, of any Hazardous Materials on, under or about the
<br />Premises caused or permitted by TENANT or TENANT Parties, or enter into any settlement
<br />agreement, consent decree or other compromise with any governmental or quasi-governmental entity
<br />without first obtaining the prior written consent of DISTRICT. All work performed or caused to be
<br />performed by TENANT as provided for above shall be done in good and workmanlike manner and in
<br />compliance with plans, specifications, permits, and other requirements for such work approved by
<br />DISTRICT.
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<br />D. Indemnification for Hazardous Materials. To the fullest extent permitted by law, TENANT hereby
<br />agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by
<br />DISTRICT] DISTRICT and County, their elected officials, officers, employees, agents, and
<br />independent contractors and the Premises, from and against any and all liabilities, losses, damages
<br />(including, but not limited to, damages for the loss or restriction of use of rentable or usable space or
<br />any amenity of the Premises or damages arising from any adverse impact on marketing and diminution
<br />in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and
<br />expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all
<br />other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or
<br />indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or
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<br />171h Street Triangle Lease (07.01.09)
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