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Seaport Compatibility Measures

The following is a description of categories that will guide the negotiations regarding seaport compatibility measures for the Project.

This is a preliminary description that will be subject to negotiations regarding seaport compatibility measures between the Parties. The outcome of the negotiations between the Parties will be reflected in any Option Agreement and other negotiated transaction documents, subject to the permitting and regulatory jurisdiction of all applicable state, federal, and local agencies. The Port will consult seaport and maritime stakeholders regarding such measures.

The Parties shall negotiate measures, designs, and operational standards to ensure that the Project does not impact or interfere with the Port's use or operations outside of the Project, including: (i) the Port's current or reasonably anticipated future use, operation, and development of Port facilities, properties, and utilities of Port tenants, Port contractors, or operators engaged in the maritime use of the Port Area; (ii) the health and safety of the Port's employees, tenants, contractors, or operators engaged in Port operations in the Port Area (and their respective employees) as well as of the future occupants of the Premises; (iii) measures to ensure that the future users, owners, lessees, and residents of and in the Project shall be notified of potential impacts of Port maritime and marine operations on their use and waive rights to claims arising therefrom; and (iv) measures to ensure that the Project minimizes vehicular congestion from the Project and avoids conflict between vehicular and pedestrian traffic generated by the Project with Port seaport operations, including cargo truck routes and traffic.