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Exhibit D
<br />6. MECHANICS I,1lNS ORS'1'OP- NO'T'ICES
<br />GRANTEE shall at all times indemnify, defend with counsel approved in writing by COUNTY, and save
<br />COUNTY and District hamiless from all claims, losses, demands, damages, cost, expenses, or liabilities in
<br />connection with the use, construction, repair, alteration, or installation otany portion of the Facility within,
<br />upon, or under the Easement Area, and from the cost of defending against such claims, including reasonable
<br />attorney fees and costs.
<br />Hr the event a lien or stop - notice is imposed upon the Easement Area as a result of such construction, repair,
<br />alteration, or installation, GRANTEE shall either:
<br />A Record a valid Release of Lien, or
<br />B. Procure and record a bond in accordance with Section 31.43 or 3196 of the Civil Code, which frees
<br />tare Easement Area from the claim of the lien or stop- notice and from any action brought to foreclose
<br />the lien.
<br />HOLD IJARMLESS
<br />GRANTEE acknowledges the Easement Area is in, on, and over the Channel and may be subject to all hazards
<br />associated with flood conditions and COUNTY's public golf course lessee business operations. GRANTEE
<br />agrees to assume all risks, financial w otherwise, associated therewith.
<br />GRANTEE hereby releases and waives all claims and recourse against COUNTY and District including the
<br />right of contribution for loss of m damage to property, m injury to or death of any person arising front, growing
<br />out of or in any way connected with or related to this Temporary Easement including any damage to or loss of
<br />GRANTEE'S equipment and material, the Facility or interruption of the Project or use o'f'the Easement Area
<br />caused by erosion, flood, or flood overflow conditions of die Channel, or caused by the operation, maintenance,
<br />repair, reconstruction, replacement, enlargement or improvement of the Channel or by Dishict's flood control
<br />operations, except claims arising from the gross negligence of COUNTY and /or District, their officers, agents,
<br />employees and contractors.
<br />GRANTEE hereby agrees to indemnify, defend and hold harmless, COUNTY and District, their elected and
<br />appointed officials, officers, agents, employees , contractors and those special districts and agencies which
<br />COUNTY's Board of Supervisors acts na the governing Board against any and all claims, tm tious, contractual,
<br />condemnation, inverse condlernnatinu, judgments, arbitration awards, settlements, losses,, deunands, damages,
<br />cost, orders, penalties, and expenses including legal costs and attorney fees or liability for injury to or death of
<br />any persons, or loss of or damage to any property, in connection with or arising out of the Project or the use of
<br />or operations or activities conducted in; on, or over the Easement Area, and/or the exercise of the rights under
<br />this Temporary Easement by GRANTEE, its agents, officers, employees, invitees or licensees except for
<br />liability arising out of the concurrent active, or solo negligent acts of COUNTY, and/or District, thew elected
<br />and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit
<br />arising there$om. If COUNTY and/or District is /am named as co- defetu ant(s) in a lawsuit, GRANTEE shall
<br />notify COUN'T'Y of such fact and shall represent DISTRICT /COUN'T'Y in such legal action umtess otherwise
<br />conflicted out. Ifjudgmom is entered against COUNTY/District and GRANTEE by a court of competent
<br />jurisdiction or'jury because of the totious conduct of COUNTY/District and GRANTEE, COUNTY and
<br />GRANTEE agree that liability witl be apportioned as determined by the court or jury, as applicable,
<br />GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section
<br />1542 which provides as follows:
<br />SuIfl All u -Delhi Diversion nmjwt (FO I) WE 4 05192616
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013
<br />25G -54
<br />Page 50 of 74
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