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the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource
<br />Conservation Recovery and Comprehensive Environmental Response Compensation and
<br />Liability Acts, and the California Environmental Quality Act, and the rules, regulations, and
<br />ordinances of the city within which the Well Sites are located, the California Department of
<br />Health Services, the Regional Water Quality Control Board, the State Water Resources Control
<br />Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies
<br />and bureaus.
<br />(3) IRWD agrees to indemnify, defend and hold SANTA ANA
<br />harmless from and against any and all claims, actions, suits, proceedings, losses, costs, damages,
<br />liability, deficiency, fines, penalties, punitive damages, or expenses (including without
<br />limitation, attorney's fees), resulting from, arising out of, or based upon (i) the presence, release,
<br />use, generation, discharge, storage, or disposal of any Hazardous Material caused to' be placed by
<br />IRWD on, under, in or about, or the transportation of any such Hazardous Materials caused to be
<br />transported by IRWD to or from, the Well Sites, or (ii) the violation, or alleged violation, by
<br />IRWD of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to
<br />the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials
<br />on, under, in, or about, to or from, the Well Sites. This indemnity shall include, without
<br />limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or
<br />out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or
<br />death, tangible or intangible property damage, compensation for lost wages, business income,
<br />profits or other economic loss, damage to the natural resource or the environment, nuisance,
<br />pollution, contamination, leak, spill, release, or other adverse effect on the environment).
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