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<br />A general release does not extend to claims which the credflar dux r not knew or suspect to exist
<br />In his or leer favor at the Nat¢ gfexeauung the release, which, 1flrnown byhim orher, mutt
<br />have materially oeciad h/t• or her settlement with the debtor,
<br />GRANTEE, being aware of and understanding the teens of Section 1542, hereby waives gill benefit of its
<br />provisions to the extent described in this section.
<br />S. GRAN'TEE'S LIABILITY FOR HA'I,ARI)OUS OR'I'GYIC MATIMALS (PMESti.2S)
<br />GRANTEE or GRANTEE'S employees, agents, independent contractors or invitees ("GRANTEE Parties")
<br />suedl not cause or permit any "ftazardous Material," as hereinafter defined, to be brought upon, kept, stored,
<br />used, generated, released into the envhnrunant or disposed of on, tinder, from in, on or about the Easement
<br />.Arron. Notwhhvhtndhugthe'ferogoing, GRANITE or GRANITE Parties may use or keep mull quantities of
<br />ifozardous Materials on the Easement Area that are used in the ordinary, customary, and lawful construction.
<br />operations conducted on the Easement Area. If GRANTEE; or GRANTER Parties breach the obligations stated
<br />lreratn, or if contamination of the 1'b8semont Area by Hazardous Material otherwise oucm's for which
<br />GRANTEE is legally liable to COUNTY for damage resulting therefrom, than GRANTEE shall indemnify,
<br />defend and hold hannleas, CMUNTY and/or District, and their elected or appointed officials, officers, agents,
<br />and employees from any and all elaims,judgments, damages, penalties, foes, costs, liabilities, or losses
<br />(inchuding, without hmitatlon, diminution in value of dho Rasamol Area, sums ,paid in settlement of chdrus,
<br />attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the
<br />P.asomeru Arenas a rasult afmch cinbusu'nation. This tndmnniPoation includes, without limitation, costs
<br />incurred by COUNTY to enunciation with my investigation of site coalitions or any cleanup, remedial,
<br />removal, or restoration work required by any federal, state, or local governmental entity or agency because of
<br />Hazardous Nlawrial having been introduced, placed or released by GRANTEE, and therdbov, being present in
<br />the soil or ground water unchn• tho Eascmont Atcn. GRANTEE shall promptly take all action, at its sole cost
<br />and expense, as is necossnr,yto clean, remove, and restore the Easement Area to its condition prior to the
<br />inlrodncion of such Iinza'deus Matcriut oy GRANTER, providcl GRANTEE shill first have obtained
<br />Director's written approval and the approval of Puy necessary governmental entities or agencies for any such
<br />remedial action.
<br />As ased heroin, the t'orm "ILo¢ardnns Material" means tiny hazardous or toxic substance, material, or waste
<br />which is m shall.becorno regulated by any governmental entity or agency, including, without limitadoi, the
<br />County, the state of Califamin, or ihe.United Stales govermnent.
<br />RESMVATIGNS
<br />COUNTY hereby reserves for itself and District and their respective stweesaons gull assigns, such surface,
<br />subsurhroo and aeriat rights in the Easement Area as will not nnroxsouxbly interfors with or prohibit the rise by
<br />GRANTEE orthe rights and eusemeiflnenroin granted.
<br />In the event COUN'T'Y exercises suchnights to utilize the Easement Area which use results in lite disturbance of
<br />the Easement Area, CMUNTY's only responsibility shall be to backrill with compacted earth to the grade of the
<br />surrounding property fallowing completion of such activity.
<br />10, CONVEYANCE SURTECT TG ENISTING INTh',i2'1LS'1'S
<br />This Tempmary Eascrui is subject to existing contracts, louses, licenses, easements, encumbrances, slid
<br />claims watch may street rho EasemontAr•ea and the use of the word "grant" herein shall net be construct] as a
<br />covenant against the existence of any thereof.
<br />Sante Ma•t)Oaa Diwniml Pill ent(1101) TCB 5 05IP2016
<br />Santa Ana -Delhi C11a eel Diversion Project Agreement D15-013 Page 51 of 69
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