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5. Upon execution of this First Amendment, Tenant shall pay Landlord the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500) as a Recovery Fee, which amount represents a reasonable amount for services rendered and expenses incurred by Landlord in connection with initiating, negotiating and preparing this First Amendment. 6. Landlord shall be responsible for causing the work in the attached Exhibit `B" (the "Rail Upgrades") to be completed within 210 days after the execution of this First Amendment by Landlord and Tenant. Tenant shall, upon completion of the Engineered Drawings and Port Board approval of this First Amendment, make a one-time payment of TWO HUNDRED THOUSAND DOLLARS and NO CENTS ($200,000.00) to Landlord to cover the cost of the Rail Upgrades. Payment shall be received no later than five (5) calendar days after the date of Board approval of this First Amendment. Any costs associated with the Rail Upgrades above and beyond the sum of $200,000.00 shall be borne by the Landlord at its sole cost and expense. Thereafter, in the event the rail requires any future repairs ("Future Repairs"), either during the Term or any extensions thereof, Landlord and Tenant shall split the cost of the repairs evenly. However, Tenant's total cumulative contribution for any Future Repairs shall be capped at FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00), and any additional costs associated with any Future Repairs shall be borne by the Landlord at its sole cost and expense, except to the extent that the Future Repairs are necessitated, in whole or in part, by the acts or omissions of Tenant. Tenant acknowledges that Landlord is in no way liable for any business interruption or delay in the delivery of products to and from Tenant's Leased Premises as a result of, in whole or in parts, the condition of the railroad tracks and the work involved in performing the Rail Upgrades. 7. Upon sixty (60) days prior written notice, Tenant may, at its option and at any time during the Term, including the above Extended Period, extend the Term for five (5) additional years (the "Second Extended Period") upon the same terms and conditions stated in the Lease, as amended herein, except that Rent for the Second Extended Period shall continue to increase annually by 4% on each yearly anniversary date. During the Second Extended Period, the Minimum Guarantee is subject to annual increase(s) as determined in good faith by Landlord's Board or Landlord's Executive Director. In no event shall the annual increase(s), as to each Lease Year, be greater than 5% over the preceding Lease Year Minimum Guarantee and the Security Fee is subject to annual increase(s) as determined in good faith by Landlord's Board or Landlord's Executive Director. 8. Payment of Rent, Minimum Guarantee and Security Fee due between April 1, 2021, and January 31, 2022, pursuant to this First Amendment (after credit of amounts paid by Tenant to Landlord pursuant to the terms of the Lease) shall be payable by Tenant to Landlord within five (5) calendar days from the date of Board approval of this First Amendment. Port Lease — Clean Harbors Form dated 01 06 22 FXS Rev 01 12 22 Agenda Page 2 of 3