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Exhibit D
<br />6. MECHANICS LIENS OR STOP -NOTICES
<br />GRANTEE shall at all times indemnify, defend with counsel approved in writingbyCot,NTY,and save
<br />ax , and District harmless from all claims, losses, demands, damages, cost, e\pcnses, or liabilities in
<br />connection with the use, construction, repair, alteration, or installation of arky portion of the Facility within,
<br />upon, or under lite Easement Area, and frout the cost of defending against such claims, including reasonable
<br />attorney fees and costs.
<br />I a the, event a lien or stop -notice is unposed upon the Easement Area as a result of such construction, repair,
<br />alteration, or installation, GRANTEE shall either:
<br />A. Record a valid Release of Lien. or
<br />B. procure and record a bond in accordance with Section 3143 or 3196 of the Civil Code, which frees
<br />the EasementArca from the claim of the lien or stop -notice and from any action brought to foreclose
<br />the lien,
<br />7. HOLD HARMLESS
<br />GRANTEE acktio%vledges the Easement Area is in, on, and over the Channel and may be subject to all hazards
<br />associated with flood conditions and COUVFy's public golf course lessec bosinuis operations. GRANTEE
<br />agrees to assume all risks, financial or otherwise, associated therewith.
<br />GRAINTE1 hereby releases and waives all claims and recourse against COUNTY and District including the
<br />rielilof contribution for loss of or damage to property, or injury to or dcatli of any person arising from, growing
<br />out of or in any way connected with or related to this Temporary Easement including any damage to or loss of
<br />GRANT E'S equipment and material. Lite Facility or interruption of the Prqiect or use of the, Easement Area
<br />Caused by erosion, flood, or flood overflow conditions of the Chantick or caused by the operation, maintenance,
<br />repair, reconstruction, replacement, enlargement or improvement of the Channel or by District's flood control
<br />operations, except claims arising froin the gross negligence ofCOLNfir and/or District, their officers, agents,
<br />employees and contractors.
<br />GRANTEE hereby agrees to indemnify, defend and hold harmless. COUNTY and District, their elected and
<br />appointed officials, officers, agents, employers, contractors and those special districts and agencies which
<br />COUNTY's Board of Supervisors acts as the governing Board against an.), and all claims, tortious., contractual,
<br />condemnation, inverse condemnation, judgments, arbitration awards, settlements, losses, demands, damages,
<br />cyst, orders, penalties, and expenses including legal costs and attorney f or liability for injury to or death of
<br />any persons, or loss of or damage to any property, in connection with or arising out of the Project or the use of
<br />or operations or activities conducted in, on, or over die Easement area, an(Vor the exercise of the rights under
<br />this Temporary Fasernent by GRANTEE, its agents, officvrs, employees, invitcos or licensees except for
<br />liability arising out of the concurrent active, or sole negligent acts of COWFY, and or District, their elected
<br />and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit
<br />arising therefrom. If COLNTY and/or District islare earned as co-defendarrt(s) in a lawsuit, (MUNTEF, shall
<br />notify COWFY of such fact and shall represent DISIRICTMCOUNTY in such legal action unless otherwise
<br />coliflictcd out. If udgment is entered against COLNTYtDistrict and GRANTEE by a court of competent
<br />jurisdiction or- jury because of the tortious conduct orcOUNTY0istrict and GRANTEE, COUNTY and
<br />GRANTEE .agree that liability will be apportioned as determined by the court orjury, as applicable.
<br />GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section
<br />1542 whicli provides as follows:
<br />5ug2 Ana -Delhi Dlemion Project (FO I) TCH 4 051')'2M
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page So of 69
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