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Page 4 of 35
<br />SECTION 2: SPECIAL PROVISIONS
<br />BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR
<br />SUPPLEMENTED AS FOLLOWS:
<br />1.Lessee will fully carry out, implement, and comply with all mitigation measures
<br />and reporting obligations identified as Lessee's, Applicant's, or Responsible Party's
<br />responsibility as set forth in the Mitigation Monitoring Program (MMP), part of the
<br />MND No. 813 (SCH No. 2023040125), prepared and certified by the California
<br />State Lands Commission for this Agreement and as adopted by Lessor or as modified
<br />by Lessor as permitted by law, attached hereto as Exhibit C and by this reference made
<br />a part of this Lease.
<br />2.Lessee acknowledges and agrees:
<br />a)The site may be subject to hazards from natural geophysical phenomena
<br />including, but not limited to waves, storm waves, tsunamis, earthquakes,
<br />flooding and erosion.
<br />b)To unconditionally waive any claim or damage or liability against Lessor, its
<br />officers, agents, and employees for injury or damage from such hazards.
<br />c)To the fullest extent permitted by law, indemnify, hold harmless and, defend
<br />the Lessor, its officers, agents, and employees, against and for any and all
<br />liability, claims, demands, damages, or injuries or costs of any kind and from
<br />any cause (including costs and fees incurred in the defense of such claims),
<br />expenses, and amounts paid in settlement arising from any alleged or actual
<br />injury, damage or claim due to site hazards or connected in any way with
<br />respect to this property, the Project, or issuance of this Lease, any new lease,
<br />renewal, amendment or assignment by Lessor.
<br />3.Lessee shall exercise its rights under this Lease so as to avoid, to the fullest extent
<br />reasonably possible, interference with the Lessor’s use of the Lease Premises or
<br />with the public's right to use the Lease Premises for Public Trust purposes, including
<br />without limitation, waterborne commerce, navigation, fishing, water-related
<br />recreation, habitat preservation, and open space.
<br />4.Lessee is authorized to maintain only those improvements as listed in Section 1. In
<br />accordance with the provisions of Section 3, Paragraph 5, Lessee shall secure the
<br />written approval of Lessor prior to any additions to, alteration or modification of
<br />the improvements, including without limitation, the buried cables authorized
<br />hereunder.
<br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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