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<br />A general release clues not extend to cicahns which the creditor rives not kn(nv or suspect to ewist
<br />in hir or her favor at the time ofmcutr'ng the release, wh tch, if known by him or her, must
<br />have merterially effected his or her settlement vith the debtor.
<br />GRANTEE, being aware of and understanding the term of Section 1512, hereby waives all benefit of its
<br />provisions to the extent described in this section.
<br />S. GRANTIM'S LIABILITY FOR HAZARDOUS OR TOXIC MATEMIAL,S (P11 88.2S)
<br />GR"11117 or GRANTEE?" i employees, agents, independent oontractols,or invitees ("GRANTEE Parties")
<br />shall; not: cause or permit any' 1mardous Material," as hereinafter defh4 to be brought upon, kept, stored,
<br />used, generated, released into the environment or disposed of underp`fronl, in, on or about the Easement
<br />Area. Notwitllstanding the foregoing, GRANTEE or GRANfI?I Paities may use or keep small quantities of
<br />Hazardous Materials on the easement Arm that are used in thz ordmar'y, ,customary, and lawful construction
<br />operations conducted on the Easernent Arca. IF GRANTEE, or'GRANTEE Parties breach the obligations stated
<br />herein, or if contamination of the Easement Area by Ilaza' #045 Material otherw* occurs fol• which
<br />GRANTEE is legally liable to COUNTY for damage resulting theretiom, then CRANTRL� shall iudemtify,
<br />defend and bold harmless, CC)UNrY and/or District, and their elected or appointed offrcia ls, officers, agents,
<br />and employees Broin any and all elaims, judgments, damage$; penaltids,.fines, costs, liabilities, or losses
<br />(including,. without limitation, diminution in value of the Hast i%cnt Area, sums paid m sellement of claim,,,
<br />attorney fees, consultant fees., and: expert w%tness;fees) wluclt arise during or after GRANIEIv's use of the
<br />Basement Area, as a result of suelt contamination—This. indetnnilieation includes, without limitation, casts
<br />incurred by COUNTY lar connection with any trtyetitigativn.nf site cdttilitir�ns or any cleanup, remedial,.
<br />removal, or restoration work required by any %iteral, state; r 0oaal governmental entity or a.geneybecause of
<br />Hazardous Matoriat haAng been hktr educed, placed or rcleasc4 byGRANTEE, and therefore, being present in
<br />th a soi.t or ground water under the Baserrieirt Arc,,. GRANTEEshall promptly take: all action; at its soli; cost
<br />and expense, as is necussarjr to clean, remove, and restore the Easement Area to its condition; prior to the
<br />introduction of such Ilar-ardom khrterial by GRAMME, provident G1LANTEF shall first have obtained
<br />Director's written approval and the approval of any necessary governmental entities or agencies for any such
<br />remedial: action.
<br />A.s used herein, the term "Ilaaardoux Material" means any hazardous or toxic substance, material, or waste
<br />which is or shall become regulated by any governmental entity or agency, including, without limitation, the
<br />County, the state of California, or the United States government.
<br />9. RE SERVA'CLONTS
<br />COUNTY hereby reserves for itself and.District and their respective successors and assigns, such surface,
<br />subsurface and aerial rights in the Fascruent Area as wil l not unreasonably interfere with or prohibit the use by
<br />GRANTEE of the rights and casement herein granted,
<br />In the event COUNTY exercises such rights to utilize the E"cmcnt Area which use results in the disturbance of
<br />the Easement Area, COUNCY's only responsibility shall be to backfill with compacted earth to the grade of the
<br />surrounding property following completion of such activity.
<br />10. CONVEYANCE SUBJECT TO EXISTING INTERESTS
<br />This Temporary Basement is subject to existing contracts, leases, licenses, easement's, encumbrances, and
<br />claims which may alf"t the Basement Area and the use of the word "grant" herein shall not be construed as a
<br />covenant against the existence of any thereof.
<br />Saila. Ana -Delhi Diversion Project. (`011 WE 5 0192016
<br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 51 of 69
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