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1 y• • <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21' <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />BE EFFECTIVE THE DATE OF DELIVERY TO THE CHIEF ENGINEER, <br />AS EVIDENCED BY PROPERLY VALIDATED RETURN RECEIPT.'' <br />LESSEE agrees to deposit with LESSOR, at or before the times <br />specified above, two copies each of such acceptable policy or policies <br />of insurance, and further agrees to keep such policy or policies <br />in effect and on deposit with LESSOR during the entire Lease Term. <br />No policy shall be acceptable unless first approved by -LESSOR. <br />LESSOR shall retain the right at any time during. the term of this <br />Lease to review the coverage, form, and amounts of the insurance <br />required hereby. Tf, in the opinion of LESSOR, the insurance <br />provisions in this Lease do not provide adequate protection <br />for LESSOR and for members of the public using the Leased Land, <br />LESSOR may require. LESSEE to obtain insurance sufficient in <br />coverage, form and amount to provide adequate protection. 'LESSOR'S <br />requirements shall be reasonable but shall be designed to assure - <br />protection from and against the kind and extent of the risks which <br />exist -at the time a change in insurance is required. <br />LESSOR shall notify LESSEE in writing of required changes in the <br />insurance provisions and, if LESSEE does not deposit copies <br />of acceptable insurance policies with LESSOR incorporating such <br />changes within sixty (60) days of receipt of such notice, this <br />Lease shall be in default without further notice to LESSEE, <br />and LESSOR shall be entitled to all legal remedies. <br />The procuring of such required policy or policies of insurance <br />shall not be construed to limit LESSEE'S liability hereunder nor <br />to fulfill the indemnification provisions and requirements of <br />this Lease. Notwithstanding said policy or policies of insurance, <br />LESSEE shall be obligated for the full and total amount of any <br />damage, in,)ury, or loss caused by negligence or neglect connected <br />with this Lease or with use or occupancy of the Leased Land. <br />21. INDEMNIFICATION (5.19N) <br />LESSEE 's hall indemnify and hold harmless LESSOR, its officers, <br />agents, and employees, from and against any claim, demand, expense, <br />loss, or liability of any kind or nature which LESSOR,. its officers, <br />agents, and employees, may sustain or incur or which may be <br />Imposed upon them or any of them as a result of, arising out of, <br />or in any way connected with this Lease or with occupancy and <br />use of the Leased Land by LESSEE, its officers, agents, employees, <br />subtenants, licensees, patrons, or visitors. <br />LESSEE shall indemnify and hold harmless LESSOR and Orange County <br />Water District, their officers, agents, and employees, from and <br />against any claim, demand, expense, loss, or liability of any <br />kind or nature which may arise from flows of water upon and across <br />the Leased Land whether flood flows naturally generated, surge <br />flows arising from upstream water spreading, construction, or <br />maintenance operations, or flo~~rs resulting from intentional re- <br />leases of caater for any purpose from upstream storage. <br />22. ASSIGNING, SUBLETTING, AND ENCUP4BRANCING (8.129N) <br />Any mortgage, pledge, hypothecation, encumbrance, transfer, sub- <br />lease, or assignment (hereinafter in this clause referred to <br />collectively as "Encu.~nbrance") of the Leasehold or any interest <br />therein, shall first be approved in writing by LESSOP~. Any such <br />Encumbrance which has not been approved by LESSOR in writing <br />shall be void. Occupancy of the Leased Land by a prospective <br />reeo-ia II -17- <br />