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SECTION 3
<br />GENERAL PROVISIONS
<br />L GENERAL
<br />In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control
<br />2. DEFINITIONS
<br />For the purposes of this Lease, the following terms shall be defined as stated below:
<br />"Additions" shall be defined as any use or Improvements other than those expressly authorized in this Lease.
<br />"Alterations" shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease
<br />Premises from what is authorized in this Lease. Alterations shall also include any modifications, alterations, or renovations of the land
<br />or waterways on the Lease Premises other than those authorized by this Lease.
<br />"Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately
<br />perform.
<br />"Damages" shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature;
<br />all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation: (i) reasonable attorneys',
<br />accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any
<br />such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order,
<br />or applicable provisions of a Regulatory Agency. The term "Damages" also includes, expressly, those Damages that arise as a result of
<br />strict liability, whether arising under Environmental Laws or otherwise.
<br />"Default" shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
<br />"Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes,
<br />ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease
<br />or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment; (b)
<br />the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials;
<br />(c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of
<br />waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of
<br />the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq.]; the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource
<br />Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water
<br />Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the
<br />Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§
<br />136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et
<br />seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface
<br />Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS
<br />§§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous
<br />Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California
<br />Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§
<br />24249.5 et seq.]; the Porter -Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations
<br />promulgated under the statutes cited above.
<br />"Hazardous Material" shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous
<br />waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law.
<br />"Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves
<br />to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.
<br />Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys,
<br />landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or
<br />below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises.
<br />"Lease" shall be defined as this lease contract together with all amendments and exhibits.
<br />"Lease Premises" shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which
<br />Form51.16 (Rev. 10/14)
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