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<br /> right of contribution for loss of or damage to property, or injury to or death of any person arising from,
<br /> growing out of or in any way connected with or related to this Easement Deed including any damage to or
<br /> interruption of use of GRANTEE'S Facilities caused by erosion, flood, or flood overflow conditions of the
<br /> Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or
<br /> improvement of the Channel or by DISTRICT'S flood control operations, except claims arising from the
<br /> concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and
<br /> contractors.
<br /> GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold
<br /> harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and
<br /> contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any
<br /> persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or
<br /> over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its
<br /> agents, officers, employees, invitees or licensees (collectively "GRANTEE'S Activities"), except for
<br /> liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected
<br /> and appointed officials, officers, agents, employees or contractors including the cost of defense of any
<br /> lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit resulting
<br /> from GRANTEE'S Activities in, on, over or about the Easement Area, GRANTEE shall notify Director of
<br /> such fact and shall represent DISTRICT/County in such legal action. If judgment is entered against
<br /> DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active
<br /> negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be
<br /> apportioned as determined by the court. Neither party shall request a jury apportionment.
<br /> GRANTEE 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
<br /> to exist in his or her favor at the time of executing the release, which, if known by him
<br /> or her must have materially affected his or her settlement with the debtor.
<br /> GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
<br /> provisions to the extent described in this section.
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<br /> 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
<br /> legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with
<br /> counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected
<br /> or appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
<br /> penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement
<br /> Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise
<br /> during or after GRANTEE'S use of the Easement Area as a result of such contamination. This
<br /> indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
<br /> investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
<br /> federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil
<br /> or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and
<br /> expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
<br /> introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
<br /> Director's written approval and the approval of any necessary governmental entities or agencies for any such
<br /> remedial action.
<br /> Sewer Easement - OCFCD to City of Santa Ana 4 10302012
<br /> 25C-8
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