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Exidbit D
<br />6, IvIECEIAMCS LIENS Olt STOP -NOTICES
<br />GRANTEE shall at all tmos indemnify, defunct with counsel Approval in writing by COUNTY, and save
<br />COI1N'TY and District hamnleas from all claims, losses, demnnds, damages, cost, exponses, or liabilities in
<br />connoction with the use, construction, repair, Alteration, or 'installation of any portion of the Facility within,
<br />upon, or trader tho Lamancat Arm, and from the cost of defending against such clains, including roasonablo
<br />attorney fees aoil Coats.
<br />In die event alien or sLop•noLice is imposed upon the Easement Arwr ns a result of avuh construction, repair,
<br />Alteration, or ieamilation, GRANTEE shall either;
<br />A. Record A valid Rcleaso of Lien, of
<br />B. Frocure and record a bond in accordance with Section 3143 or31%, of ilia Civil Code, which froos
<br />the Easement Area from die claim of the lien or atop -notice and from any actionbrought to foreclose
<br />the lien. -
<br />7. HOLDHARMLESS
<br />GRANTEE acknowledges Cho Ensument Asea is in, on, and over the Chatnel and may be subject to all hazards
<br />associated with flood Conditions and COUNTY's public golf course lessee business operations. GRANTEE
<br />a,nms to assume all risks, financial or otherwise, associated therewith.
<br />GRANTEE hereby releases and waives all chums and mcotuse against COUNI.'Y and District including the
<br />right of contributionfor loss of or damage to property, or injury to or death of any person arising from, growing
<br />out of or in any way cermucted with or related to this Temporary Easement including any damage to or loss of
<br />GRANTEE'S equipment ani) material, Ute Facility or interruption of the Erotical or use of file Easement Area
<br />caused by erosion, flood, er_flood overflowconditions of the Channel, or caused by the operation, maintenance,
<br />repair, reconshuction, replacement, enlargement or improvement of the Channel or' by District's flood control
<br />opera(has, except claims Arising' front die gross nogligonce of COUNTY And/or District, tieh officers, agents,
<br />emptoyees and contractors.
<br />GRANTEE hereby agrees to indcrmtify,. defend and (told harmless, COUNTY and District, their elected and
<br />Appointed officials, officers, agents, employees , contr•actmw and tosespecial distlids and agencies which
<br />COUNTY's Board of Super iisors acts as the goveraing Board against any and all claims, tortious, contractual,
<br />condemnation, inverse condemnation,judgments, arbitration awards, settlements, losses, demands, damages,
<br />cont, ohden's, penalties, And expenics 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, ht connectionwith or Arising out of die Project or die use of
<br />or operatiors or activities conducted in, on, or over die Easement ,Area, and/or the oxercise of tie rights under
<br />tits Tempor'nly Easenwat by GRANTER. its agents, officers, amployees, invitees or llconsocs eseept.'for
<br />liability arising out of the concurrent active, or sole negligent acts of COUNTY, andlor District„ Heir elected
<br />and appointed officials, officers, agants, employees or contractor including the cost of defense of any lawsuit
<br />arising therefrom. If COUNTY and/or District. is/aro named As coAafeidarrt(s) in a lawsuit, GILIW E'shall
<br />notify COUNTY of such foot and shall repmaent DISTRIC'I'/COUNTY in each legal action unless otherwise
<br />con'flimnd out. It'judgmem is entered against COUNTY/Distrlot and GRANTEE. by it court of competent
<br />jurisdiction or jury because of die (notions conduct of COUNTY/District and GRANTEE, COI rNIY and
<br />GRANTEE agree that liability will be apportioned as detcrmined by tie court orjury, as applicable.
<br />GRANTEE acknowledges that it is familiar With the language And provisions of G,lifernia Civil Code Section
<br />1542 which provides as follows:
<br />SIAQ Ann-Ad@I nlvenlm, Pmiect(aol)'1 rt 4 05151016
<br />Santa Ana-Delbi Channel Diversion Project Agreement D15-013 Page 50 of 69
<br />23A-106
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