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<br />A general release hoes not ectenzl to claims which the or a ilov down not!know or mvpeot to exkl
<br />In hos or her fervor of the time of ewcuh)lg the release, which, ii known by him or her, mast
<br />have nunerfaflly gffecred his or her seulzment with the debtor,
<br />GRANTEE, being aware of and understanding the; terms of Section 1542, hereby waiver all benefit of its
<br />provisions to tile extent described in this section.
<br />S. GRAN'TEE'S LIABILITY IrOR HAZARDOUS OR TOXIC M.ATIMIALS(PMES8.2S)
<br />GRANTEE or GRAN'TEE'S employees, agents, indopendentcontractors or invitees ("GRAN' EE Parties")
<br />shall not cause or permit any "Hazardous Material," as hereinafter defined;'to be brought upon, kept, stored,
<br />used, generated, released into the environment or disposed of on, under, from, in, on or about oho Easement
<br />Area. Notwithstanding [tie fmoguing, GRANITE or GRANTEE Parties may use or keep small tluanlitios of
<br />Ilazardous Materials on the Easement Area brat are used in the ordinary, customary, and lawfut construction.
<br />operations conducted on the Easement Area, If GRANTEE, or GRANTEE Parties breach tine obligations stated
<br />herein, or if contamination of are Easement Arun by Hazardous Materiut otherwise occurs for whicdr
<br />GRANTEE is legally ]tablo f l COUNTY for danuga }vaulting therafronr, than GRAMME shall indemnify,
<br />defend and hold hatmless, COUNTY and/or District, amt their elected "appointed ot'ficia1% officers, agents,
<br />and employees from any. amt all claims,,tudgments, damages, penalties, fines, casts, liabilities, or losses
<br />(including, without limitation, dimimation in vahm of the Easement Area, some ,paid in settlement of alp lots.
<br />attorney fees, consultant fees, and expert withers fees) which arise during or atter GRANTEE's use of the
<br />Easement Arca as a result of such contamination. This indemnification includes, without limitation, costs
<br />incurred by COIN IX in ommootion with aqy invesfigation of site conditions or ally cleanup, remedial,
<br />vanoval, or restoration work required by any federal, state, or local governmental entity or agency because of
<br />He'r.ardoas Material lowing been introduced, placed or released by GRANTEE, and therefore, being present in
<br />the soil or ground water under the Easement Area GRANTEE shelf promptly take all action, at its sole cost
<br />and expense, as is necessary to Berm, remove, and restore the Easement Area to its condition prior to tine
<br />iaboduution of such Hazardous DAiterial by GRANTPtF., provided GRANTEE shall first have obtained
<br />Director's writivn approval and dui approval of any necessary governmental entities or agancies for any such
<br />rumodial action, -
<br />As used herein, the term `Tlazardous Material" nreans;ony hazardous or taxi, substance, material, or waste
<br />which is or slrall'.hoconlo regulated by any govomment'al entity or agency, Including, without limited an, the
<br />County, the state of Califamia, or the United States govemment
<br />RESERVATIONS
<br />COUNTY hereby reserves for itself mud District and their respective successors and assigns, such surfaco,
<br />subsurface and auiat rights in tho Eosanent Area as will not unroasmmbly interfere with or prohibit, the use by
<br />GRANTEE of the rights and easement l nein granted.
<br />In the event COUN'T'Y exercises such rights to utilize the Easement Area which use results in the disturbance of
<br />the Easement Area, COUNTY'S only responsibility shall be to backfill with compacted earth to the grade of the
<br />surrounding property following completion of Such not]vity.
<br />10. CONVEYANCE SUBJECT TO EXISTING INTP,R)fM'S
<br />Tids'Temporary Easement is subject to existing contracts, loaaes, licenses, easements, encumbrances, and
<br />olaims which may affect the Emorrou tArea and 1110 ural of tine word "grant" 1101,0111.911011 not be konatruall as a
<br />covenant against the existence of any (hereof.
<br />Santa M.-Whl lavasim praieet(Vol) TCL $ 05192016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 51 of 69
<br />20C-61
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