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Agreement No.900051 <br /> <br />JPB Standard License Form, Rev. 03/2023 <br /> <br /> <br />4 <br />and when due as provided by any agreement with Railroad. <br />(e) Railroad may immediately terminate or suspend this License by written <br />notice to Licensee upon Licensee’s granting of a sublicense to a third party or Licensee’s <br />facilitation of use of the Property by a third party. Railroad’s termination or suspension of the <br />License pursuant to this paragraph shall not affect Licensee’s obligation under Section 3 to pay <br />the annual fee for the third party’s use of Railroad’s property. <br />Upon suspension of the License, Licensee shall not enter onto the Property until the License is <br />reinstated in writing by Railroad. Notwithstanding the foregoing, any suspension of the License <br />shall not prevent Licensee from maintaining, operating, using, and repairing the Facilities in <br />order to maintain public health and safety. <br /> <br />Upon termination of the License for any reason established in this Section 10, Railroad may, <br />upon thirty (30) days’ written notice, remove or abandon the Facilities from the Property or any <br />portion thereof and restore the Property to its original condition, at Licensee’s sole cost and <br />expense. Licensee acknowledges and agrees that the performance of the Work on the Property <br />pursuant to this Agreement shall not in any way whatsoever limit Railroad’s right to terminate <br />this License pursuant to the terms hereof or any of Railroad’s rights hereunder. Licensee’s <br />indemnity obligations set forth in Sections 12, 13 and 14 shall survive termination of this <br />License for any reason. <br /> <br />11. Fiber Optics Systems. The rights granted by this Agreement are subject to the <br />rights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct, <br />maintain and operate fiber optic and other telecommunications systems (“Systems”) in, upon, <br />along, across and beneath the Right-of-Way, including the Property upon which the Work shall <br />be conducted. Licensee agrees to reimburse Railroad and/or the owner of the systems for all <br />expenses which would not have been incurred except by reason of the use of the Property by <br />Licensee, its agents, employees or invitees, including relocation costs or any damages incurred <br />by such owner due to injury to the Systems. <br />12. Assumption of Risk/Waiver of Claims. Licensee shall assume all risk of damage to <br />any and all improvements constructed as part of the Work and appurtenances and to any other <br />property of Licensee, or any property under the control or custody of Licensee while upon or <br />near the Property of Railroad incident to the performance of the Work, caused by or <br />contributed to in any way by the construction, operation, maintenance or presence of <br />Licensee’s operations at the Property and Railroad shall not be liable therefor. Licensee hereby <br />releases Railroad from any liability, including any claims for damages or extra compensation (i) <br />arising from construction delays due to work by Railroad forces or Railroad operations, (ii) as <br />the result of the failure or inability of Railroad to provide necessary flaggers or inspectors, (iii) <br />due to the presence of Hazardous Materials on the Property, (iv) any failure by Railroad to <br />investigate or identify the presence of such materials, (v) for work done by Railroad forces, or <br />(vi) for Railroad operations. <br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 4 of 29) <br />7.G. - Page 20 of 104 <br />118