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Agreement No.900051 <br /> <br />JPB Standard License Form, Rev. 03/2023 <br /> <br /> <br />2 <br />A G R E E M E N T: <br /> <br />FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the parties <br />agree as follows: <br />1. Grant of License. Subject to the conditions, covenants, and restrictions of this <br />Agreement, Railroad grants to Licensee a personal, revocable license for the purposes of <br />maintaining, operating, using and repairing the Facilities and performing the Work in the <br />License Area, together with necessary rights of ingress and egress over the Property for these <br />purposes in the location and areas depicted in Exhibit A. <br />2. Maintenance of Improvements. Following acceptance of the Facilities, Licensee <br />will own, maintain, operate, and repair the Facilities at its sole cost. Licensee agrees to keep <br />the Property and the Facilities in good and safe condition, free from waste, so far as affected by <br />Licensee’s operations to the reasonable satisfaction of Railroad. If, after acceptance of the <br />Facilities, Licensee fails to keep the Property and the Facilities in good and safe condition, free <br />from waste, the Railroad shall notify Licensee in writing with a description of the purported <br />failure. If the failure is not cured within ten (10) calendar days of such notice, or within such <br />longer period as agreed by the parties, the Railroad may perform the necessary work at the <br />expense of Licensee, which expense Licensee agrees to pay to Railroad upon demand. <br />3. License Fee. Licensee shall pay to Railroad a one-time license processing fee of two <br />thousand and one hundred dollars ($2,100). In addition, Licensee shall pay an annual license <br />fee of five thousand dollars ($5,000) payable on July 1 of each year. No later than June 1 of each <br />year, Railroad shall send to Licensee an invoice for the annual license fee. Such invoice shall <br />include the agreement number and a brief description of the Facilities (e.g., Recycled Water <br />Pipeline, Beech Street). For calendar year 2026 - 2027, Licensee shall pay $4,166.68. <br />4. Service Agreement. In the event that Licensee plans to perform work that will <br />cause Railroad to perform additional services or furnish additional materials to Licensee that <br />are not contemplated in this Agreement, Railroad may require Licensee to enter into a Service <br />Agreement. Any costs incurred under this Section shall be in addition to those due under <br />Section 3. <br />5. Work Procedures. All Work performed by Licensee shall be performed in <br />accordance with, and in the manner required of the “Licensee”, in the Railroad’s Work <br />Procedures described in the attached Exhibit C and in the manner required of the “Contractor” <br />in the Railroad’s Operating Systems Interface, as described in the attached Exhibit D, both of <br />which are attached to this Agreement and incorporated into it by this reference. <br />6. Condition to Effectiveness. As a condition precedent to the effectiveness of this <br />Agreement, Licensee shall have paid any license processing fee indicated in Section 3 and <br />provided to Railroad insurance certificates that provide evidence that Licensee has the kinds of <br />insurance described in Exhibit E, which is attached to this Agreement and incorporated into it <br />by this reference. <br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 2 of 29) <br />7.G. - Page 18 of 104 <br />116