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I;Ablbil. D <br />A general release docs notactwsd to claims which the creditor dues not Ilrow or srupect to exist <br />In his or her firvor at the trine of executing the release, which, if lrnown ray him or her, must <br />have materially affected hit or her settlemant with the debtor, <br />GRANTEE, being aware of and undoratanding the terns of Section 1542, hereby waives all benefit of its <br />provisions to the extent described in We section. <br />S• GRANTR.E'S LIABILITY. ICOR HAZARDOUS ORTOXIC WIATFRIAIS(PMESMill <br />GRANTEE or GRANTEE'S employees, asettle, independent aortracturs or invitees ("GRANTEE Parties") <br />shall not cause or permit ally "Hazardous Material," as hereinafter detiued;'to be brought upon, kept, stored, <br />used, generated, released into the onvaomnent or disposed of no, under; from, In, on or about the Easement <br />Area, Notwithstandingdie foregoing, GRANTEE or GRANTEE Parties may use or keep small quantities of <br />lInzadous Materials on the Easement Arca flint are used in the ordinary, customary, and hrwlid conshvction. <br />opwaflus cuudueiad on the Easament Area, If GRANTEE, or GRANTER Patties breach the obligations stated <br />herein, or if contamination of die Basement Area by Hazardous Material otherwise occurs for which <br />GRANTEE is legally liable to COUNTY for damage resulting therofivmi, than GRANTEE shall indemnify, <br />defend and (told harmless, COUNTY andiorDistriot, And thair elected or appointed officials, officers, agents, <br />and employees linin any and all claims, judgments, damages, penalties, firms, costs, liabilities, or losses <br />(including, witbout limitation, diminutiaa in value of the Easament Auea, sums paid in settlement of claims, <br />attorney fees, consultant fees, and arpert witness fees) which miso during or after GRANTEE's use of the <br />Resonant Area as a result orsunh aitWareditutier. This Indemnification hneludas, without limitation, costs <br />incurred by COUNTY in concoction with any invcsiigatioll of site conditions or any oleamp, temodial, <br />removal, or restoration work required by any Want, state, or lout govomrinemtal entity or agency because of <br />ITazarious Material having been introduced, placed or released by GRANTEE, and therefore, being proscnt in <br />the soil or ground water under the Easement Area. GR ANT'EE shall promptly talco all action, at its sole cost <br />and expense, as is necessary to slain, remove, and restore the Easement Area to its condition Prior to tho <br />introduction of Snell Hazarvlems Material by GRANTEE, provident GRANTEE shell first have obua tuxl <br />Director's written approval and dui approval of any necessary governmental entities or agencies for any such <br />ranediul action. <br />As used hernia, the term'Thiiardous Material" means ally hazardous or toxic substance, material, or waste <br />which is or she Itbeoomo regulated by any governmental entity or agency, including, withmlt hininndon, the <br />County, the Stull) of California, or dna United States goverru hint. <br />91 RESP.RVATIONS <br />COUNTY hereby roscives for itself and District and their respective successors and assigns, such surface, <br />subsurface, and aerial rights in rho Easament A'ea as will not unroasouably intorfao with or prohibit Oman by <br />GRAMME of the rights and easementlicrein granted. <br />In the event COUNTY oxercises such rights to utilize the Easement Area which use results in the disturbance of <br />the Easement Area, COUNT'Y's only responsibility slall be to backfill with compacted oadr to tine grade of the <br />surrounding property following completion of such activity, <br />10. CONVEYANCE SUIVECT TO EX'IST'ING INT111RES'TS <br />This Temporary Eaisernent is subject to existing contracts, Ioaes, licenses, casements, limamebrauces, and <br />claims which may affoot the Easament Area and tho use of rho word "gran" herein ahall not be construed as a <br />covenant against the existence of any thereof. <br />Sis. Mu.t)dhi Divmin lRqJ'A(Pot) 1013 5 05192016 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 51 of 69 <br />23A-107 <br />