P-276_CEMEX First Amdnt to Lease 03.13.19

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SECTION I Section 16 (d) of the Lease is deleted and replaced by the following: "(d) Conveyor Improvements. The maintenance and repair of the Conveyor shall be performed by Tenant at its sole cost and expense, except as specifically set forth in the Lease. Tenant covenants and agrees to either relocate, at Tenant's sole cost and expense, the upgraded existing Conveyor (as approved by Landlord in writing) to the Relocated Temporary Easement, or, at Tenant's option, to construct a new Conveyor (as approved by Landlord in writing), at Tenant's sole cost and expense, on the Relocated Temporary Easement. Under either option, the system will be enclosed to contain particles, dust, and debris and preventing particles, dust and debris from exiting the system. The relocation of the existing Conveyor or the installation of a new Conveyor to the approximate location shown on Revised Exhibit J (Exhibit attached to this First Amendment and incorporated by this reference) shall be completed by November 30, 2019. Time is of the essence. A further extension of time up to February 29, 2020, may be granted by the Port Executive Director upon receipt (no later than December 31, 2019) and approval of a detailed written request for an extension by Tenant. Tenant's written request for an extension of time shall state the reasons why a further extension of time is needed and shall provide sufficient information for the Port Executive Director to determine whether Tenant has been diligent in undertaking the relocation of the Conveyor. A lack of due diligence in undertaking the relocation of the Conveyor shall be cause for the denial of the extension of time. Failure to complete the relocation and installation of the Conveyor by the due date (November 30, 2019 or, if an extension of time is granted, by February 29, 2020) shall be deemed a material breach of the Lease, as amended. Ord. P-276 {00037509;2 }; fxs 02 05 19; rev 02/24/19 — 2 —