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6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
<br />GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
<br />kept, or used in or about the Easement Area, If GRANTEE breaches the obligations stated herein, or if
<br />contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally
<br />liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel
<br />approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or
<br />appointed officials, officers, agents, and employees fi-om any and all claims, judgments, damages, penalties,
<br />fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area,
<br />sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during
<br />or after GRANTEE'S use of the Easement Area as a result of such contamination. This indemnification
<br />includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site
<br />conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local
<br />governmental entity or agency because of Hazardous Material being present in the soil or ground water under
<br />the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to
<br />clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous
<br />Material by GRANTEE, provided GRANTEE shall first have obtained Director's written approval and the
<br />approval of any necessary governmental entities or agencies for any such remedial action.
<br />As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
<br />which is or shall become regulated by any governmental entity or agency, including, without limitation, the
<br />County, the state of California, or the United States government.
<br />7. RESERVATIONS (PMES9. IS)
<br />DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
<br />in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
<br />and easement herein granted.
<br />In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance
<br />of the Easement Area, DISTRICT'S only responsibility shall be to backfrll with compacted earth to the grade
<br />of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore
<br />-6'RANTEE'S Facilities to the design and grade approved as provided for in Section 1 above.
<br />8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES 10.I S)
<br />This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
<br />which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
<br />covenant against.the existence of any thereof.
<br />Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to
<br />GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or
<br />warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S
<br />interest therein.
<br />9. TAXES AND ASSESSMENTS (PMES11.IS)
<br />Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on
<br />such 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 Easement Area or upon fixtures, equipment,
<br />or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed,
<br />StreetUghway Easement - OCFCD to City of Santa Ana 4 08/04/10
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