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with a detailed written construction schedule, consistent with the Schedule of Performance (including any adjustments resulting from award of the Construction Contract) ("Schedule of Construction"). SCOA will deliver to the City (through the Seaport Project Committee) written updates to the Schedule of Construction as necessary (no less frequently than monthly) to accurately reflect prosecution of the Levee Improvement work. 9. SCOA's Investigation of Levee Property. Based upon the conduct of a sub- surface drilling and soils testing program for levee design purposes undertaken in February 2016, along the existing and proposed levee alignment, as well as a review of the State of California's January 2019, GeoTracker Report map, SCOA did not identify the presence of any Hazardous Materials under or about the existing Seaport Plaza or Seaport Centre levees, including within the underlying soil and ground water, or the soil or ground water at the location of the Levee Improvements as proposed to be constructed. During construction of the Levee Improvements, and prior to conveyance of the Levee Improvements to City, SCOA will make such further investigations of the Levee Improvements and land underlying such improvements as SCOA deems necessary to confirm the presence or absence of Hazardous Materials on, under or about the Levee Improvements, including within the soil and ground water. SCOA will remediate any existing Hazardous Materials and use commercially reasonable efforts to obtain the issuance, from all governmental agencies which assert jurisdiction over the remediation of the Levee Improvements (or portions of the Property or City Property on which such improvements will be situated), of closure letters with no requirement of further remedial work, and provide copies of such closure letters to City. Any such remedial work will be performed in accordance with all applicable governmental requirements and the costs thereof will be included in the Final Design and Construction Budget and the Final Project Costs (as defined in Section 10 below) unless SCOA or SCOA's General Contractor or subcontractors are responsible for the presence of the Hazardous Materials. As used herein the term "Hazardous Materials" means: (i) petroleum or petroleum products, natural or synthetic gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and radon gas; (ii) any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," "contaminants" or "pollutants," or words of similar import, under any applicable Environmental Law (defined below); and (iii) any other substance the exposure to which is regulated by any governmental authority. "Environmental Law" means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree or judgment, relating to the environment, health, safety or Hazardous Materials, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq. OAK #4819-4834-1908 v20 15