Agda Pkt 2026.07.13 Joint SA PFA

Browse Search

Agreement No.900051 JPB Standard License Form, Rev. 03/2023 3 7. Nonexclusiveness of License. This License is nonexclusive and nonpossessory. Licensee must allow access to the Property by third parties possessing prior rights, unless separate arrangements are made with such third parties. 8. Assignment; Sublicensing. The License granted hereby is personal to Licensee and shall not be assigned nor shall Licensee sublicense or otherwise permit or suffer the occupancy of or installation of additional facilities on any or all of the Property by any third party. If Licensee grants unauthorized access of a sublicense to a third party or facilitates the use of the Property by a third party, Licensee shall be responsible for the annual fee for the third party and any prorated amount that would have been due to the Railroad pursuant to Section 3 of this Agreement had the third party entered into a license agreement with the same terms as Licensee. Notwithstanding the foregoing, Licensee may, with Railroad’s prior written consent and without constituting an assignment or sublicense hereunder, assign this License Agreement to a successor entity related to Licensee by merger, consolidation, or reorganization. 9. Prior Rights. This License is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use the Right-of-Way in the performance of its transportation operations. There is reserved unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain and use existing and future facilities and appurtenances, including, without limitation, existing and future transportation, communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under, across and along the Right-of-Way. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the Right-of-Way. The word “grant” shall not be construed as a covenant against the existence of any of these or establish any ownership interest in the Right-of-Way. 10. Term of License. The term of this License shall commence upon the Effective Date and shall continue until this License is terminated or suspended as set forth herein: (a) Either party may terminate this Agreement without cause by giving 30 calendar days written notice. Abandonment of the Facilities and restoration of the Property by Licensee shall occur within 360 days of such notice. (b) Railroad may immediately terminate the License by written notice to Licensee upon Licensee’s discontinuance of the use of the Facilities for one continuous year or the abandonment of any Facilities installed on the Property. (c) Railroad may immediately suspend the License by written notice to Licensee if Licensee defaults with respect to any covenant or condition of this Agreement and Licensee fails to correct the default within thirty (30) calendar days after receipt of notice from Railroad, or such longer period as agreed by the parties, to do so. (d) Railroad may suspend this License upon ten (10) calendar days by written notice to Licensee upon any failure of Licensee to reimburse Railroad for any amount owing as ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 3 of 29) 7.G. - Page 19 of 104 117