Consultation Between Port and City. Upon delivery by either Party of a Notice of RIDA’s Failure to Comply With Ground Lease, the City and Port will Consult with one another regarding such failure to comply. As used herein, to “Consult” or a “Consultation” shall include, at a minimum, one substantive in person meeting, or video or telephonic conference call, between Port Counsel and a member of Port Staff, on behalf of the Port, and the City Attorney of Chula Vista and a member of City staff, on behalf of the City, and such other meetings and conversations as are reasonably required to reach a decision regarding failure to comply. During the Consultation the Party that provided the Notice of RIDA’s Failure to Comply With Ground Lease shall describe the circumstances of that failure. Among other
Consultation Between Port and City. Port Sole Discretion, Subject to Limitations. Following the City’s notification to the Port of a proposed JEPA Enforced Sublease Provision Action, the Port and the City will Consult with one another regarding such action. Such Consultation shall occur at least ten (10) Days before the Response Deadline. At least five (5) Business Days before the Response Deadline, Port shall advise the City in writing if Port, in its capacity as Leasing Manager of the JEPA, does not approve the JEPA Enforced Sublease Provision Action. If after such Consultation, the Port determines that it does not approve the proposed JEPA Enforced Sublease Provision Action and so advises the City in writing, then the City will deny RIDA the requested approval or waiver of such proposed JEPA Enforced Sublease Provision Action. Notwithstanding the foregoing, if the JEPA Enforced Sublease Provision Action involves a “Major Decision” under the JEPA Agreement, the parties shall coordinate their consideration and approval process in a similar manner as provided in Sections 1.2, above, with respect to Substantial City Interest Ground Lease Provision Actions.
