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GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County including the
<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 />hnprovement 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 over
<br />the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents,
<br />officers, employees, invitees or licensees (collectively "GRANTEE'S Activities"), except for liability arising
<br />out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed
<br />officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising
<br />therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit resulting from
<br />GRANTEE'S Activities in, on, over or about the Easement Area, GRANTEE shall notify Director of such
<br />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 or
<br />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.
<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 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 from any and all claims, judgments, damages, penalties,
<br />fines, costs, liabilities, or losses (including, without lhmitation, diminution in value of the Easement Area,
<br />sums paid in settlement of claims, attorney fees, consultuit 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 />Sewer Easement - OCFCD to City or Santa Ana 4 10302012
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