Common use of Alternative Equivalent Option Clause in Contracts

Alternative Equivalent Option. Milestone #2 if not successful a. If Milestone #2 is not fulfilled, SDAPCD and the Port District agree to the following order of events: i. Assess challenges and/or barriers to executing contracts for the additional incentive funding and propose modifications to the incentive program to distribute funding successfully. ii. Reallocate funding to other project categories that have been identified within the MOU Schedules which may include but are not limited to zero emission heavy-duty trucks, zero emission supporting infrastructure, and/or other “shovel-ready” projects consistent with the MCAS and CERP. iii. If the above is not feasible, jointly pursue allocating remaining funding to projects that have not been identified in this MOU that may require more work/analysis to implement. Examples of such projects include but are not limited to: (1) allocating additional funding for projects “off Tidelands” in adherence with the Port District Maritime Industrial Impact Funding (“MIIF”) Board policy requirements or as directed by the Board of Port Commissioners, and (2) Implementing possible sustainable freight strategies that may improve freight efficiencies and reduce emissions throughout the Port. iv. Determine alternative community investment opportunities with the Portside CSC. v. If the above is still not feasible, refer to MOU Section II.g.

Alternative Equivalent Option. Milestone #2 if not successful a. If Milestone #2 is not fulfilled, both SDAPCD and the Port District agree to the following order of events: i. Assess challenges and/or barriers to executing contracts for the additional incentive funding and propose modifications to the incentive program to distribute funding successfully. ii. Reallocate funding to other project categories that have been identified within the MOU Schedules Schedules, which may include but are not limited to zero emission heavy-duty truckscargo handling equipment, zero emission supporting infrastructure, and/or other “shovel-ready” projects consistent with the MCAS and CERP. iii. If the above is not feasible, jointly pursue allocating remaining funding to projects that have not been identified in this the MOU that may require more work/analysis to implement. Examples of such projects include but are not limited to: (1) allocating additional funding for projects “off Tidelands” in adherence with the Port District Maritime Industrial Impact Funding (“MIIF”) Board policy requirements or as directed by the Board of Port Commissioners, and (2) Implementing possible sustainable freight strategies that may improve freight efficiencies and reduce emissions throughout the Port. iv. Determine alternative community investment opportunities with the Portside CSC. v. If the above is still not feasible, refer to MOU Section II.g.

Alternative Equivalent Option. Milestone #2 1 if not successful a. If Milestone #2 1 is not fulfilled, both SDAPCD and the Port District agree to the following sequential order of events: i. Assess challenges and/or barriers to executing contracts for the additional incentive funding totaling $4 million and propose modifications to the incentive program to distribute funding successfully. ii. Reallocate funding to other project categories that have been identified within the MOU Schedules Schedules, which may include but are not limited to zero emission heavy-duty truckscargo handling equipment, zero emission supporting infrastructure, and/or other “shovel-ready” projects consistent with the MCAS and CERP. iii. If the above is not feasible, jointly pursue allocating remaining funding to projects that have not been identified in this the MOU that may require more work/analysis to implement. Examples of such projects include but are not limited to: (1) allocating additional funding for projects “off Tidelands” in adherence with the Port District Maritime Industrial Impact Funding (“MIIF”) Board policy requirements or as directed by the Board of Port Commissioners, and (2) Implementing possible sustainable freight strategies that may improve freight efficiencies and reduce emissions throughout the Port. iv. Determine alternative community investment opportunities with the Portside CSC. v. If the above is still not feasible, refer to MOU Section II.g.