ORANGE, COUNTY OF (48) (2) - 2017

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11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Facility by LICENSEE or LICENSEE's agents. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Facility and the preparation of any closure or other required plans. 12. BEST MANAGEMENT PRACTICES (N) LICENSEE and all of its subtenants, agents, employees and contractors shall conduct operations under this License so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co -permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the License Areas and Access Area under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of storm water runoff in a cost effective manner. These BMPs are found within the County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non -storm water discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets that are attached hereto as Exhibit E, which exhibit is attached hereto and by reference made a part hereof. These BMP Fact Sheets may be modified during the term of the License; and the Director of Orange County Public Works shall provide LICENSEE with any such modified BMP Fact Sheets. LICENSEE, its subtenants, agents, contractors, representatives and employees and all persons authorized by LICENSEE to conduct activities on the Facility shall, throughout the term of this License, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified. The BMPs applicable to uses authorized under this License must be performed as described within all applicable BMP Fact Sheets. PT2017 9:38 ANI Page 7 of 15