Common use of Standards for Work Clause in Contracts

Standards for Work. (a) Applicability of Standards for Work. (1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in the five year period following the Commencement Date. Work commences when State approves plans and specifications. (2) If Tenant commences Work five years or more after the Commencement Date, Tenant shall comply with State’s then current standards for Work. (3) Tenant may ascertain State’s current standards for Work as follows: (i) Before submitting plans and specifications for State’s approval as required by Paragraph 7.3 of the Lease, Tenant shall request State to provide Tenant with then current standards for Work on State- owned Aquatic Lands. (ii) Within thirty (30) days of receiving Tenant’s request, State shall provide Tenant with current standards for Work, which will be effective for the purpose of State’s approval of Xxxxxx’s proposed Work provided Tenant submits plans and specifications for State’s approval within two (2) years of Tenant’s request for standards. (iii) If State does not timely provide current standards upon Tenant’s request, the standards under Paragraph 7.4(b) apply to Tenant’s Work provided Tenant submits plans and specifications as required by Paragraph 7.3 within two (2) years of Tenant’s request for standards. (iv) If Tenant fails to (1) make a request for current standards or (2) timely submit plans and specifications to State after receiving current standards, Tenant shall make changes in plans or Work necessary to conform to current standards for Work upon State’s demand. (b) Standards for Work. (1) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Tenant shall confirm location of important habitat on Property, if any, with State before submitting plans and specifications in accordance with Paragraph 7.3. (2) Tenant shall not install skirting on any overwater structure. (3) Tenant shall only conduct in-water Work during time periods authorized for such work under WAC 000-000-000, Authorized Work Times in Saltwater Areas or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS), or National Marine Fisheries Service (NMFS). (4) Tenant shall not provide anchorage in water more shallow than seven (7) feet (2.1 meters). (5) Tenant shall install grating on new floats, piers, wharves, fingers, docks, decks, fixed docks, and/or gangways as follows: For floats, fingers, and docks, Tenant shall install unobstructed grating on at least fifty (50) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi- directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred (100) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi-directional open space.

Standards for Work. (a) Applicability of Standards for Work. (1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in the five year period following the Commencement Date. Work commences when State approves plans and specifications. (2) If Tenant commences Work five years or more after the Commencement Date, Tenant shall comply with State’s then current standards for Work. (3) If Tenant may commences Work five (5) or more years after the Commencement Date, Tenant shall ascertain State’s current standards for Work as follows: (i) Before submitting plans and specifications for State’s approval as required by Paragraph 7.3 of the Lease, Tenant shall request State to provide Tenant with then State’s current standards for Work on State- state- owned Aquatic Landsaquatic lands. (ii) Within thirty (30) days of receiving Tenant’s request, State shall provide Tenant with State’s current standards for Work, which will be effective for the purpose of State’s approval of XxxxxxTenant’s proposed Work Work, provided Tenant submits plans and specifications for State’s approval within two (2) years of Tenant’s request for standards. (iii) If State does not timely provide State’s current standards upon TenantXxxxxx’s request, the standards for Work under Paragraph 7.4(b) apply to Tenant’s Work provided Tenant submits plans and specifications as required by Paragraph 7.3 within two (2) years of Tenant’s request for standardsState’s current standards for Work. (iv) If Tenant fails to (1) make a request for State’s current standards for Work or (2) timely submit plans and specifications to State after receiving State’s current standardsstandards for Work, Tenant shall shall, at Tenant’s sole expense, make changes in plans or Work necessary to conform to State’s current standards for Work upon State’s demand.. Aquatic Lands Lease (Rev. 7/20/2022) Page 10 of 40 Lease No. 20-B09917 (b) Standards The following standards for Work.Work apply to Work commenced in the five-year period following the Commencement Date: (1) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Tenant shall confirm location of important habitat on Property, if any, with State before submitting plans and specifications in accordance with Paragraph 7.3. (2) Tenant shall not install skirting on any overwater structure.] (32) Tenant shall only conduct in-water Work during time periods authorized for such work under WAC 000-000-000, Authorized Work Times in Saltwater Areas Freshwater Areas, or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS), or National Marine Fisheries Service (NMFS). (43) Tenant shall not provide anchorage or moorage in water more shallow than [seven (7) feet (2.1 meters). (4) Tenant shall use embedded anchors and midline floats on all anchored structures and buoys. (5) Tenant shall install grating on new floats, piers, wharves, fingers, docks, decks, fixed docks, and/or gangways as follows: For floats, fingers, and docks, Tenant shall install unobstructed grating on at least fifty percent (50%) percent of the surface area; grating material must have at least sixty percent (60%) percent functional open space or forty percent (40%) percent or greater multi- directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred percent (100%) percent of the surface area; grating material must have at least sixty percent (60%) percent functional open space or forty percent (40%) percent or greater multi-directional open space. (6) Tenant shall orient and shield lighting fixtures attached to overwater structures in a manner that minimizes the amount of light shining directly on the water, minimizes the amount of glare on the water, and minimizes the amount of light broadcasting into the night sky. Tenant shall implement the following measures to achieve this requirement: (i) Tenant shall direct light to walkways, AND (ii) Tenant shall use light xxxxxxx which prevent light from being emitted upward and prevent glare on the water, AND (iii) Tenant shall use fixtures that do not emit light upward, (7) Tenant shall not allow new floating structures to come in contact with underlying bedlands (commonly referred to as “grounding out”). Tenant must either (1) locate all new floating structures in water too deep to permit grounding out or (2) install stoppers sufficient to prevent grounding, keeping the bottom of the structure above the level of the substrate.

Standards for Work. (a) Applicability of Standards for Work. (1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in the five year period following the Commencement Date. Work commences when State approves plans and specifications. (2) If Tenant commences Work five years or more after the Commencement Date, Tenant shall comply with State’s then current standards for Work. (3) If Tenant may commences Work five (5) or more years after the Commencement Date, Tenant shall ascertain State’s current standards for Work as follows: (i) Before submitting plans and specifications for State’s approval as required by Paragraph 7.3 of the Lease, Tenant shall request State to provide Tenant with then State’s current standards for Work on State- state- owned Aquatic Landsaquatic lands. (ii) Within thirty (30) days of receiving Tenant’s request, State shall provide Tenant with State’s current standards for Work, which will be effective for the purpose of State’s approval of XxxxxxTenant’s proposed Work Work, provided Tenant Xxxxxx submits plans and specifications for State’s approval within two (2) years of Tenant’s request requ est for standards. (iii) If State does not timely provide State’s current standards upon TenantXxxxxx’s request, the standards for Work under Paragraph 7.4(b) apply to Tenant’s Work provided Tenant submits plans and specifications as required by Paragraph 7.3 within two (2) years of Tenant’s request for standardsState’s current standards for Work. (iv) If Tenant fails to (1) make a request for State’s current standards for Work or (2) timely submit plans and specifications to State after receiving State’s current standardsstandards for Work, Tenant shall shall, at Tenant’s sole expense, make changes in plans or Work necessary to conform to State’s current standards for Work upon State’s demand. (b) Standards The following standards for Work.Work apply to Work commenced in the five-year period following the Commencement Date: (1) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Tenant shall confirm location of important habitat on Property, if any, with State before submitting plans and specifications in accordance with Paragraph 7.3. (2) Tenant shall not install skirting on any overwater structure. (32) Tenant shall only conduct in-water Work during time periods authorized for such work under WAC 000-000-000, Authorized Work Times in Saltwater Areas Areas, or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS), or National Marine Fisheries Service (NMFS). (43) Tenant shall not provide anchorage or moorage in water more shallow than seven (7) feet (2.1 meters)) at the extreme low tide. (54) Tenant shall install grating on new floats, piers, wharves, fingers, docks, decks, fixed docks, and/or gangways as follows: For floats, fingers, and docks, Tenant shall install unobstructed grating on at least fifty f ifty percent (50%) percent of the surface area; grating material must have at least sixty percent (60%) percent functional open space or forty percent (40%) percent or greater multi- directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred percent (100%) percent of the surface area; grating material must have at least sixty percent (60%) percent functional open space or forty percent (40%) percent or greater multi-directional open space. (5) Tenant shall orient navigation channels and entrances to facilities to avoid dredging. (6) Tenant shall site new Improvements to avoid impacts to seagrass and kelp. (7) Where Work is in or within 200 feet of spawning habitat for Surf Smelt (Hypomesus pretiosus), Tenant shall construct all new or expansions to existing Improvements to avoid: (i) removal of shoreline vegetation within the Property that provides shading to the upper intertidal zone, (ii) changes in typical spawning behavior, (iii) destruction or disturbance of spawning substrate or aquatic vegetation used for spawning, and (iv) interruption of existing sediment transport mechanisms such as xxxxxxxxx current or wave energy. (8) Tenant shall orient and shield lighting fixtures attached to overwater structures in a manner that minimizes the amount of light shining directly on the water, minimizes the amount of glare on the water, and minimizes the amount of light broadcasting into the night sky. Tenant shall implement the following measures to achieve this requirement: (i) Tenant shall direct light to walkways, (ii) Tenant shall use light xxxxxxx which prevent light from being emitted upward and prevent glare on the water, (iii) Tenant shall use fixtures that do not emit light upward, (iv) Tenant shall use lights that are “warm-white” or filtered. (9) Tenant shall not allow new floating structures to come in contact with underlying bedlands (commonly referred to as “grounding out”). Tenant must either (1) locate all new floating structures in water too deep to permit grounding out or (2) install stoppers sufficient to prevent grounding, keeping the bottom of the structure above the level of the substrate.

Standards for Work. (a) Applicability of Standards for Work. (1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in the five year period following the Commencement Date. Work commences when State approves plans and specifications. (2) If Tenant commences Work five years or more after the Commencement Date, Tenant shall comply with State’s then current standards for Work. (3) Tenant may ascertain State’s current standards for Work as follows: (i) Before submitting plans and specifications for State’s approval as required by Paragraph 7.3 of the Lease, Tenant shall request State to provide Tenant with then current standards for Work on State- owned Aquatic Lands. (ii) Within thirty (30) days of receiving Tenant’s request, State shall provide Tenant with current standards for Work, which will be effective for the purpose of State’s approval of Xxxxxx’s proposed Work provided Tenant submits plans and specifications for State’s approval within two (2) years of Tenant’s request for standards. (iii) If State does not timely provide current standards upon Tenant’s request, the standards under Paragraph 7.4(b) apply to Tenant’s Work provided Tenant submits plans and specifications as required by Paragraph 7.3 within two (2) years of Tenant’s request for standards. (iv) If Tenant fails to (1) make a request for current standards or (2) timely submit plans and specifications to State after receiving current standards, Tenant shall make changes in plans or Work necessary to conform to current standards for Work upon State’s demand. (b) Standards for Work. (1) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Tenant shall confirm location of important habitat on Property, if any, with State before submitting plans and specifications in accordance with Paragraph 7.3. (2) Tenant shall not install skirting on any overwater structure. (3) Tenant shall only conduct in-water Work during time periods authorized for such work under WAC 000-000-000, Authorized Work Times in Saltwater Areas or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS), or National Marine Fisheries Service (NMFS). (4) Tenant shall not provide anchorage in water more shallow than seven (7) feet (2.1 meters). (5) Tenant shall install grating on new floats, piers, wharves, fingers, docks, decks, fixed docks, and/or gangways as follows: For floats, fingers, and docks, Tenant shall install unobstructed grating on at least fifty (50) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi- directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred (100) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi-directional open space.

Standards for Work. (a) Applicability of Standards for Work. (1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in the five year period following the Commencement Date. Work commences when State approves plans and specifications. (2) If Tenant commences Work five years or more after the Commencement Date, Tenant shall comply with State’s then current standards for Work. (3) Tenant may ascertain State’s current standards for Work as follows: (i) Before submitting plans and specifications for State’s approval as required by Paragraph 7.3 of the Lease, Tenant shall request State to provide Tenant with then current standards for Work on State- owned Aquatic Lands. (ii) Within thirty (30) days of receiving Tenant’s request, State shall provide Tenant with current standards for Work, which will be effective for the purpose of State’s approval of XxxxxxTenant’s proposed Work provided Tenant submits plans and specifications for State’s approval within two (2) years of Tenant’s request for standards. (iii) If State does not timely provide current standards upon Tenant’s request, the standards under Paragraph 7.4(b) apply to Tenant’s Work provided Tenant submits plans and specifications as required by Paragraph 7.3 within two (2) years of Tenant’s request for standards. (iv) If Tenant fails to (1) make a request for current standards or (2) timely submit plans and specifications to State after receiving current standards, Tenant shall make changes in plans or Work necessary to conform to current standards for Work upon State’s demand. (b) Standards for Work. (1) State will not approve plans to construct new Improvements or expand existing Improvements in or over habitats designated by State as important habitat. Tenant shall confirm location of important habitat on Property, if any, with State before submitting plans and specifications in accordance with Paragraph 7.3. (2) Tenant shall not install skirting on any overwater structure. (3) Tenant shall only conduct in-water Work during time periods authorized for such work under WAC 000-000-000, Authorized Work Times in Saltwater Areas or as otherwise directed by the Washington Department of Fish and Wildlife (WDFW), United States Fish and Wildlife Service (USFWS), or National Marine Fisheries Service (NMFS). (4) Tenant shall not provide anchorage in water more shallow than seven (7) feet (2.1 meters). (5) Tenant shall install grating on new floats, piers, wharves, fingers, docks, decks, fixed docks, and/or gangways as follows: For floats, fingers, and docks, Tenant shall install unobstructed grating on at least fifty (50) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi- directional open space. For gangways, piers, wharves, decks, and fixed docks, Tenant shall install grating on one hundred (100) percent of the surface area; grating material must have at least sixty (60) percent functional open space or forty (40) percent or greater multi-directional open space.