|
Exhibit D
<br />a general release does not extend to claims which the creditor does not know or suspect to evist
<br />to his or her favor at the time of exmiting the release, which, if known by him or her, most
<br />have materiall), affected his or her settlement with the debtor.
<br />GRANTEE, being aware of and understanding the terms of Section 1.542, hereby waives all benefit of its
<br />provisions to the extent described in this section.
<br />81 GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PME.S'8.28)
<br />GRANTEE or GRANTEE'S employees, agents, independent contractors at invitecs ( "GRANTEE Parties'")
<br />stall not cause or permit any "Hazardous Material.," as hereimrfier defined, to be brought upon, kept, stored,
<br />used, generated, released into the environment or disposed of on, tinder, from, in, on m about tin; Easement
<br />Area, Notwithstanding the foregoing, GRANTEE or GRANTEE Partes may use or keep small quantities of
<br />Hazardous Materials on the Easement Area that are used in the ordinary, customary, and lawful construction
<br />operations conducted on the Easement Area. IP GRANTEE, or GRANTEE Parties breach the obligations stated
<br />herein, or if eontamhration of the Easement At ca by Hazardous Material otherwise occurs for which
<br />GRANTEE is legally liable to COUNTY for damage resulting therefrom, then GRANTEE shall indemnify,
<br />elefend and hold harmless, COUNTY and /or District, and their elected or appo'nrtwl officials, officers, agents,
<br />and employees, from any and all claims, judgments, damages, penalties, fines, costa, liabilities, or losses
<br />(including, without limitation, dhninution in value of the Easement Area, suns paid in settlement of claims,
<br />attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the
<br />Easement Area as a result of such contaminatien. This indemnification includes, without limitation, costs
<br />incurred by COUNTY in connection with any investigation of site conditions or any cleanup, remedial,
<br />removal, or restoration work required by any federal, state, or local governmental entity or agency because of
<br />Hazardous Material having been introduced, placed or released by GRANTEE, and therefore, being present in
<br />the soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost
<br />and 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 />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, m the United States government.
<br />RESERVATIONS
<br />COUNTY hereby reserves for itself mid District and their respective successors and assigns, such surface,
<br />mi swfaeo and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by
<br />GRANTEE of the rights and easement herein granted.
<br />In the event COUNTY exercises such rights to utilize the Easement. Area which use results in the disturbance of
<br />the Easement Area, COUNCY's only responsibil ity shall be to backfill with compacted earth to the grade of the
<br />surrounding property following completion of such activity.
<br />ill. CONVEYANCE SURTECTTO EXISTING INTERESTS
<br />This Temporary Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and
<br />claims which may affect the Easement Area and the use of the word "grant" heroin shall not be construed as a
<br />covenant against the existence of any thereof.
<br />$antaAna.D9lal Diversion Pntled(F01) TCB 5 05192016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013
<br />25G -55
<br />Page 51 of 74
<br />
|