Oakland Temporary Rental Agreement Form Page 18
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49and include the areas immediately surrounding or draining into such wetlands. ESA includes
areas that are regulated pursuant to, covered by, or subject to the jurisdiction of Environmental
Laws, including the federal Clean Water Act, the California Porter-Cologne Water Quality Control
Act, the federal Endangered Species Act, or the California Endangered Species Act.
(ii)
“Governmental Authority” means any court, federal, State or local
government, department, commission, board, bureau, CUPA, agency or other regulatory,
administrative, governmental or quasi-governmental authority, including the Port, the City, the
State of California and the United States, including any successor agency.
(jj)
“Group Monitoring Program” means a Port-wide voluntary Storm Water
sampling and analysis program conducted by the Port in which Port tenants may elect to
participate in lieu of conducting their own Storm Water sampling and analysis to satisfy each
tenant’s obligations under Industrial Storm Water Requirements.
(kk)
“GWP” means global warming potential, as defined in 17 California Code
of Regulations Section 95382(a)(25).
(ll)
“H&S Code” means The California Health and Safety Code.
(mm)
“Improvements” means all existing and new, interior and exterior,
structural and non-structural, ordinary and extraordinary, fixtures, buildings, structures,
alterations, improvements, or change in the grade in the Premises, and all substitutions,
upgrades or replacements thereof or to existing improvements in the Premises, in each case
whether made by Permittee, the Port or any Third Party.
(nn)
“Indemnitees” means in reference to any Environmental Indemnification
Obligations, the Port and the Port’s commissioners, agents, employees, Representatives,
contractors, Port-designated secondary users of the Premises, directors, and officers.
(oo)
“Industrial General Permit” means Water Quality Order No. 97-03-DWQ,
National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS00001, Waste
Discharge Requirements (WDRs) for Discharges of Storm Water Associated with Industrial
Activities, Excluding Construction Activities, as such permit may be amended, modified, or
superseded from time to time.
(pp)
“Industrial
Storm
Water
Requirements”
means
requirements
of
Environmental Laws regulating Storm Water associated with industrial activity or otherwise
from the Premises, including permits issued by a Governmental Authority, such as the
Industrial General Permit.
(qq)
“JAMS” has the meaning ascribed thereto in Section 22(c).
(rr)
“Law” means any resolution, order, writ, injunction, decree, judgment,
law, ordinance, decision, opinion, ruling, policy, plan, program, permit, statute, code, rule or
regulation of, or conditions applicable to, the Project, the Premises, Construction Activities or
Permittee under any permit, license, concession, authorization or other approval by, or other
directives issued by, any Governmental Authority, including any adopted, promulgated or
enacted subsequent to the Commencement Date, as the same may be modified, amended, or
reissued, and including the Charter of the City, including laws that seek to reduce the risk from,
and to mitigate the results of, an act that threatens the safety and security of personnel, the
Port’s facilities, private property and the public, such as the Federal Maritime Transportation
Security Act of 2002, any applicable project labor agreements that the Port is a party to, land
use restrictions, CRUPs, or limitations relating to human or public health, the Environment,
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