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Exhibit D
<br />6. MECHANICS LIENS OR STOP -NOTICES
<br />GRANTEE shall at all times indenmify, defend with counsel approved in writing by COUNTY, and save
<br />COIN'TY and District harmless from all claims, losses, demands, damages, cost, expenses, or liabilities in
<br />connection with ilia use, construction, repair, alteration, or installation of any portion of the Facility willing
<br />upon, or ander ilia Easement Area, and from the cost of defending against such eliinu, including reasonable
<br />attorney fees mid costs.
<br />in dip event a lion or stop -notice is imposed upon the Easement Area as a result of such construction, repair,
<br />alteration, or ingratiation, GRANTEE shall either:
<br />A. Records. valid Roleaae of Lien, or - -
<br />B. Procure and record it bond in accmdance with Section 3143 m3196 of ilio Civil Code, which trios
<br />the Easement Area from the claim of the lion or stop -notice and from any actionbrought to foreclose
<br />the lien.
<br />7. HOLD IIARNILESS -
<br />GRANT7iE imlonowledgm the Easement Area is in, on, and over ilia Channel and maybe subj cot to all hazards
<br />associated with flood conditions nrul COUNTY's public gnlf course lessee business operations. GRANTEE
<br />agrees to assume all risks, financial or othorwise, associated therewith.
<br />GRANTEE herobyreleams and waives all claims and recmuse against COUNTY and District including the
<br />right of contribution. for Ions of or damage to property, or injury to or death of any person arising from, growing
<br />out of or in any way connected with of related to this Temporary Easement including any damage to or lees of
<br />GRAN'TEE'S equipment and material, Ute Facility or Interruption of die Prgjwt or use of the Easement Area
<br />caused by erosion, flood, or flood overflowcomlittons of the Channel, or aimed by the operations, maadmaneo,
<br />repair, reconstruction, replacements enlargement or improvement of the Channel or by District's flood control
<br />operations, except claims arising from the groes negligence of COUNTY and/or District, their officers, agents,
<br />employees and contractors.
<br />GRANTEE hereby agrees to indemnify,. dofand and hold harmless, COUNTY and District, their elected and
<br />appointed officials, offices, aganta, employees , contractors and those special digtticls and agencies which.
<br />COUNTY's BoardofSupervisors acts as the governing Board against any and all claims, tortious, contractual,
<br />condemnation, haversa condemnation,judgments, arbitration awards, settlements, losses, demands, damages,
<br />cost, orders, penalties, andexpensesincluding legal costs and attorney fees or liability for injury to or death of
<br />any persons, or logs of or damage to any property, in connectionwill or arising out of the Project or the use of
<br />or operations or activities conducted in, on, or over the Easement Asan, undlax the examine of the rights under
<br />this Temporary Emonrent by GRA NTE P, its agents, offices, employeas, hrvitecs or licensass except for
<br />liability origin out of the coneununt active, or sole negligent acts of COUNTY, and/or District, their elected
<br />and appointed officials, officers, agents, employees or contraWons including the cost of defense of any lawsuit
<br />arising dreref'osn. If COUNTY and/or District Winn named as co-dotendaud(s) in a lawsnt, GRANTEEsball
<br />notify COUNTY of such foot and shall rolinawnt DISTRICT/COUNTY in Ruch legal Refire mdess otherwise
<br />conflicted out. It'judganent is entered against COUNTY/Distdot and GRANTEE by a court of competent
<br />jurisdiction or jury because of the tortious conduct of COUNTY/District and GRANITE, COUNTY and
<br />GRANTEE agree flout liability will be apportioned as determined by the court orjury, as applicable.
<br />GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Saetion
<br />1542 whichprovides as follows:
<br />Beale Awnatla nivenloa Pryfuca(antras 4 05/92016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 50 of 69
<br />20C-60
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