|
(i) imposes a material economic or operational hardship to the
<br />Quarry Owners or their respective trucking contractors;
<br />(ii) imposes weight, size, length, or hours or days of operation
<br />requirements, unreasonable operation of traffic signals, or other restrictions, regulations, or license or
<br />permit requirements; or
<br />(iu~ materially diminishes the Quarry Owners' rights to use all or any
<br />portion of El Chanro Road except as (A) temporarily necessitated to protect the health, safety, and welfare
<br />of Tri-Valley residents as the result of an officially declared emergency not resulting from any breach by
<br />any Jurisdiction of its obligations under this Agreement, and only for so long as such emergency in fact
<br />exists, or (B) mandated by any applicable State or Federal laws or regulations enacted after the Effective
<br />Date and enforced by the Jurisdiction in a manner that does not discriminate against the Quarry Owners
<br />or their respective Representatives or contractors or the businesses or operations conducted on the Quarry
<br />Lands; or
<br />(b) any blockage or closure of EI Charro Road, except as otherwise provided
<br />in Section 3.6.
<br />2.35 "Projects" shall mean, collectively, the Current Livermore Projects, the Future
<br />Livermore Projects, and the Staples Ranch Project.
<br />2.36 "Regulation" shall mean any statute, law, rule, regulation, ordinance, resolution,
<br />initiative, moratorium, decision, order, action, restriction, or requirement, adopted, enacted, implemented,
<br />imposed or enforced at any time by any Jurisdiction, the Authority, or other governmental agency.
<br />2.37 "Representative" shall mean any appointed or elected officer, director, official,
<br />employee, agent, attorney, or representative of any party.
<br />2.38 "Road A" shall mean the new road between Freisman Road and Jack London
<br />Boulevard as shown on the Livermore Additional Ymprovements Diagram, to be constructed by or at the
<br />direction of Livermore pursuant to this Agreement.
<br />2.39 "RWQCB" shall mean the San Francisco Bay Regional Water Quality Control
<br />Board.
<br />2.40 "Substantially Complete" or "Substantial Completion" shall mean, with respect
<br />to any Improvements, the completion of all such Improvements, allowing for the intended use thereof,
<br />with the exception of any work thereon reasonably characterized, under generally recognized public
<br />works construction standards, as minor punchlist items.
<br />2.41 "Temporary Haul Road" shall mean a temporary all-weather access haul road,
<br />suitable for heavy trucks and equipment, to be constructed, if necessary, by or at the direction of the
<br />Constructing Jurisdiction pursuant to this Agreement at no cost to the Quarry Owners, which may be used
<br />by the Quarry Owners during construction of the Improvements to ensure continual and uninterrupted
<br />access to for the Quarry Owners over El Charro Road.
<br />2.42 "Temporary License" shall mean a temporary license granted by Vulcan to the
<br />appropriate Jurisdiction pursuant to the provisions of Section 3.9 and Exhibit P attached hereto and
<br />incorporated herein by this reference.
<br />002483.00041793691.13
<br />
|