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Construction:
<br />Grantee shall have all construction, excavation, maintenance and or demolition plans for the systems approved in writing by the
<br />City's Public Works Agency, through its through encroachment permit process and shall obtain a City permit at no cost to
<br />Grantee; and upon completion of any such work, Grantee shall immediately notify Grantor in writing of such completion.
<br />Grantee hereby acknowledges that the Easement Area lies within a portion of Maple Street Bike Trail ("Bike Trail").
<br />Grantee shall perform all construction and/or maintenance in such a manner that will not unreasonably obstruct access to or use of
<br />the Bike Trail.
<br />Removal and Abandonment:
<br />Grantee agrees that in the event that Grantee determines that the systems installed hereunder are no longer required, then upon
<br />request, Grantee shall, at Grantor's request and at Grantor's cost, remove and/or abandon said Grantee's systems Following such
<br />removal and/or abandonment, Grantee shall at Grantor's cost, restore the Easement Area to the condition that existed immediately
<br />prior to the removal of the systems.
<br />Grantee shall also execute and deliver to the Grantor, within ninety (90) days of such removal and/or Abandonment, for
<br />recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this
<br />Grant of Easement from title on a form mutually agreeable to Grantor and Grantee.
<br />Hold Harmless:
<br />Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives harmless from and against any
<br />and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations,
<br />expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in connection with this
<br />Easement, excluding Claims caused by the negligence or willful misconduct of Grantor.
<br />Hazardous or Toxic Materials:
<br />Grantee shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about
<br />the Easement Area. If Grantee breaches the obligations stated herein, then Grantee shall indemnify, defend with counsel
<br />approved in writing by Grantor, and hold harmless, Grantor, and its elected or appointed officials, officers, agents, and
<br />employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without
<br />limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert
<br />witness fees) which arise during or after Grantee's use of the Easement Area as a result of such contamination caused by
<br />Grantee. This indemnification includes, without limitation, costs incurred by Grantor in connection with any investigation of site
<br />conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or
<br />agency because of Hazardous Material being present in the soil or ground water under the Easement Area. Grantee shall
<br />promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its
<br />condition prior to the introduction of such Hazardous Material by Grantee, provided Grantee shall first have obtained Grantor's
<br />written approval and the approval of any necessary governmental entities or agencies for any such remedial action.
<br />As used herein, the term "Hazardous Material means any hazardous or toxic substance, material, or waste which is or shall
<br />become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the
<br />United States government.
<br />DSR802175224
<br />TD1537026
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