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
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