Oakland Temporary Rental Agreement Form Page 26
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49(i)
Lessee shall comply with any and all requirements, prohibitions
and conditions of the Corps of Engineers respecting the Premises.
(ii)
Lessee shall implement all best practices and appropriate
measures to ensure that Construction Activities do not adversely impact ESA. Lessee
shall employ best practices and take appropriate measures to prevent erosion and the
discharge of sediment, pollutants, or non-Storm Water from Construction Activities to
ESA.
(iii)
Lessee’s construction drawings shall indicate the location and
boundaries of adjacent and nearby ESA, and the location of erosion and sediment
control barriers to be installed.
(iv)
Lessee shall ensure and verify that ESA, including wetlands
specifically, are each marked on construction drawings, and staked and flagged in the
field, before Construction Activities begin.
(v)
No
Construction
Activities,
personnel,
vehicles,
structures,
equipment, tools, materials, debris, waste, or any other substance shall be allowed to
enter or occur in any ESA.
(vi)
During any activities that could impact ESA, Lessee shall have
on-site a qualified biological specialist who is responsible for overseeing all ESA-related
matters.
(vii)
Lessee shall ensure that if ESA are disturbed or impacted by
Construction Activities, such ESA are revegetated and restored to preconstruction
conditions to the satisfaction of the Port and other Governmental Authorities asserting
jurisdiction, including the Corps of Engineers.
(j)
Conflicts. In the event of conflicting requirements in any Environmental
Laws, this Exhibit or any Governmental Authority Authorization, the stricter terms shall apply.
Section 6. Air Quality.
(a)
Compliance with Laws.
Permittee shall comply with, and shall require
Permittee Representatives to comply with, all applicable air quality requirements under Air
Regulations and Environmental Laws regarding Releases and threatened Releases during
Permittee Operations on the Premises and other Port property. Permittee shall also comply with
requirements adopted by the Board related to the operation of Toxic Materials emitting vehicles,
vessels, off-road diesel-fueled equipment, or drayage trucks.
(b)
Submission of Information in Support of Port Air Emissions Inventory.
Unless otherwise required more frequently by Environmental Laws or required Port-wide,
Permittee shall, as requested, annually submit data, equipment inventory, fuel usage (including
alternative fuel usage), operational information, and other information that the Port may, from
time to time, deem reasonable to require of Permittee for the purpose of tracking emission
reductions and completing periodic inventories of air emissions, including diesel particulate
matter, lead and greenhouse gases, at the Premises and other Port property.
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