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Agreement No.900051
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<br />JPB Standard License Form, Rev. 03/2023
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<br />5
<br />(a) Neither Railroad nor any of its directors, officers, agents or employees shall
<br />be liable for any damage to the property of Licensee, its officers, agents, employees,
<br />contractors or subcontractors, or their employees, or for any bodily injury or death to such
<br />persons, resulting or arising from the condition of the Property or its use by Licensee. Licensee
<br />acknowledges that this License is revocable by Railroad in accordance with Section 10(a), and in
<br />view of such fact, Licensee expressly assumes the risk of making any expenditure in connection
<br />with this License, even if such expenditures are substantial. Without limiting any
<br />indemnification obligations of Licensee or other waivers contained in this License and as a
<br />material part of the consideration for this License, Licensee fully RELEASES, WAIVES AND
<br />DISCHARGES forever any and all claims, demands, rights, and causes of action against, and
<br />covenants not to sue, Indemnitees (as defined in Section 13 below) under any present or future
<br />laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation
<br />or the payment of just compensation under law or equity, in the event that Railroad exercises
<br />its right to revoke or terminate this License.
<br />(b) Licensee acknowledges that it will not be a displaced person at the time this
<br />License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES,
<br />WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action
<br />against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or
<br />regulations, including, without limitation, any and all claims for relocation benefits or assistance
<br />from Railroad under federal and state relocation assistance laws.
<br />(c) Licensee expressly acknowledges and agrees that the fees payable hereunder
<br />do not take into account any potential liability of Railroad for any consequential or incidental
<br />damages including, but not limited to, lost profits and arising out of disruption to the Facilities
<br />or Licensee's uses hereunder. Railroad would not be willing to give this License in the absence
<br />of a waiver of liability for consequential or incidental damages due to the acts or omissions of
<br />Railroad or its Agents, and Licensee expressly assumes the risk with respect thereto.
<br />Accordingly, without limiting any indemnification obligations of Licensee or other waivers
<br />contained in this License and as a material part of the consideration for this License, Licensee
<br />fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and
<br />causes of action against Railroad for consequential and incidental damages including (without
<br />limitation), lost profits and covenants not to sue Indemnitees for such damages arising out of
<br />this License or the uses authorized hereunder, including, without limitation, any interference
<br />with uses conducted by Licensee pursuant to this License, regardless of the cause, and whether
<br />or not due to the negligence of Railroad Indemnitees, except for the gross negligence and
<br />willful misconduct of Railroad.
<br />(d) As part of Licensee's agreement to accept the License Area in its existing
<br />condition, and without limiting such agreement, Licensee on behalf of itself and its successors
<br />and assigns, waives its right to recover from, and forever releases and discharges, Railroad, the
<br />Indemnitees, and their respective heirs, successors, administrators, personal representatives
<br />and assigns, from any and all claims, whether direct or indirect, known or unknown, foreseen
<br />and unforeseen, that may arise on account of or in any way be connected with the physical or
<br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 5 of 29)
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