Common use of COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION Clause in Contracts

COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION. To the extent that the Demised Premises embrace or abut a waterway regu- lated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent applicable, comply with the Waterway Strategy Resolution and Implementation Cri- teria therefor, the River Edge Renaissance Program and the Revised Leasing Criteria for the North Shore Channel Right-of-Way Lands of Lessor’s Board of Commissioners in the execution of its development plan for the Demised Premises which abut any such waterway and Demised Premises which afford Lessee direct access thereto may be utilized by Lessee for the purpose of waterborne commerce. However, Lessee will be responsible for the construction and maintenance of any docking facility at its own cost and expense which is compatible with the Waterway Strategy Resolution to maintain the bank in an aesthetically pleasing condition. Permanent storage of bulk commodities, unsightly materials and/or debris on waterway side of the scenic berm or the docking area is prohibited. It is the intent of Lessor to maintain, where possible, a “natural” appearance to its properties by retaining existing vegetative cover. However, Lessor recognizes that site development will sometimes necessitate the removal of existing vegetative cover. In those cases Lessor will require Lessee to re-establish vegetative cover in the same quantities and qualities as those removed. The re-established plant materials are to be considered as an addition to the landscaping required within the scenic easement. Lessee will comply with all applicable local zoning and setback requirements. Lessor reserves the right to traverse the Demised Premises to access the waterway which abuts the Demised Premises. Lessor’s Board of Commissioners has heretofore adopted its Waterway Strat- egy Resolution relating to the development of leased waterways property. Lessee shall implement the beautification plan described in the attached Exhibit “D”. Lessee shall comply with all applications of said Resolution in its use and development of the Demised Premises. Lessee’s method of compliance therewith shall be approved by Lessor’s Executive Director in writing.

COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION. To the extent that the Demised Premises embrace or abut a waterway regu- lated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent applicable, comply with the Waterway Strategy Resolution and Implementation Cri- teria therefor, the River Edge Renaissance Program and the Revised Leasing Criteria for the North Shore Channel Right-of-Way Lands of Lessor’s Board of Commissioners in the execution of its development plan for the Demised Premises which abut any such waterway and Demised Premises which afford Lessee direct access thereto may be utilized by Lessee for the purpose of waterborne commerce. However, Lessee will be responsible for the construction and maintenance of any docking facility at its own cost and expense which is compatible with the Waterway Strategy Resolution to maintain the bank in an aesthetically pleasing condition. Permanent storage of bulk commodities, unsightly materials and/or debris on waterway side of the scenic berm or the docking area is prohibited. It is the intent of Lessor to maintain, where possible, a “natural” appearance to its properties by retaining existing vegetative cover. However, Lessor recognizes that site development will sometimes necessitate the removal of existing vegetative cover. In those cases Lessor will require Lessee to re-establish vegetative cover in the same quantities and qualities as those removed. The re-established plant materials are to be considered as an addition to the landscaping required within the scenic easement. Lessee will comply with all applicable local zoning and setback requirements. Lessor reserves the right to traverse the Demised Premises to access the waterway which abuts the Demised Premises. Lessor’s Board of Commissioners has heretofore adopted its Waterway Strat- egy Resolution relating to the development of leased waterways property. Lessee shall implement the beautification plan described in the attached Exhibit “D”. Lessee shall comply with all applications of said Resolution in its use and development of the Demised Premises. Lessee’s method of compliance therewith shall be approved by LessorXxxxxx’s Executive Director in writing.

COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION. To the extent that the Demised Premises embrace or abut a waterway regu- lated regulated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent applicable, comply with the Waterway Strategy Resolution and Implementation Cri- teria Criteria therefor, the River Edge Renaissance Program and the Revised Leasing Criteria for the North Shore Channel Right-of-Way Lands of Lessor’s Board of Commissioners in the execution of its development plan for the Demised Premises which abut any such waterway and Demised Premises which afford Lessee direct access thereto may be utilized by Lessee for the purpose of waterborne commerce. However, Lessee will be responsible for the construction and maintenance of any docking facility at its own cost and expense which is compatible with the Waterway Strategy Resolution to maintain the bank in an aesthetically pleasing condition. Permanent storage of bulk commodities, unsightly materials and/or debris on waterway side of the scenic berm or the docking area is prohibited. It is the intent of Lessor to maintain, where possible, a “natural” appearance to its properties by retaining existing vegetative cover. However, Lessor recognizes that site development will sometimes necessitate the removal of existing vegetative cover. In those cases Lessor will require Lessee to re-establish vegetative cover in the same quantities and qualities as those removed. The re-established plant materials are to be considered as an addition to the landscaping required within the scenic easement. Lessee will comply with all applicable local zoning and setback requirements. Lessor reserves the right to traverse the Demised Premises to access the waterway which abuts the Demised Premises. Lessor’s Board of Commissioners has heretofore adopted its Waterway Strat- egy Strategy Resolution relating to the development of leased waterways property. Lessee shall implement the beautification plan described in the attached Exhibit “D”. Lessee shall comply with all applications of said Resolution in its use and development of the Demised Premises. Lessee’s method of compliance therewith shall be approved by Lessor’s Executive Director in writing.Exhibit

COMPLIANCE WITH WATERWAY STRATEGY RESOLUTION. To the extent that the Demised Premises embrace or abut a waterway regu- lated regulated by Lessor or in which Lessor asserts property rights, Lessee shall to the extent applicable, comply with the Waterway Strategy Resolution and Implementation Cri- teria Criteria therefor, the River Edge Renaissance Program and the Revised Leasing Criteria for the North Shore Channel Right-of-Way Lands of Lessor’s Board of Commissioners in the execution of its development plan for the Demised Premises which abut any such waterway and Demised Premises which afford Lessee direct access thereto may be utilized by Lessee for the purpose of waterborne commerce. However, Lessee will be responsible for the construction and maintenance of any docking facility at its own cost and expense which is compatible with the Waterway Strategy Resolution to maintain the bank in an aesthetically pleasing condition. Permanent storage of bulk commodities, unsightly materials and/or debris on waterway side of the scenic berm or the docking area is prohibited. It is the intent of Lessor to maintain, where possible, a “natural” appearance to its properties by retaining existing vegetative cover. However, Lessor recognizes that site development will sometimes necessitate the removal of existing vegetative cover. In those cases Lessor will require Lessee to re-establish vegetative cover in the same quantities and qualities as those removed. The re-established plant materials are to be considered as an addition to the landscaping required within the scenic easement. Lessee will comply with all applicable local zoning and setback requirements. Lessor reserves the right to traverse the Demised Premises to access the waterway which abuts the Demised Premises. Lessor’s Board of Commissioners has heretofore adopted its Waterway Strat- egy Strategy Resolution relating to the development of leased waterways property. Lessee shall implement the beautification plan described in the attached Exhibit “D”. Lessee shall comply with all applications of said Resolution in its use and development of the Demised Premises. Lessee’s method of compliance therewith shall be approved by Lessor’s Executive Director in writing.