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Agreement No.900051
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<br />JPB Standard License Form, Rev. 03/2023
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<br />Licensee, its agents, employees, contractors, subcontractors or invitees, in which case this
<br />indemnity shall apply, or (ii) Hazardous Materials are present on the Property, and Licensee’s
<br />handling, excavation, relocation, investigation, disposal or other exercise of control over the
<br />Property imposes on the Railroad new or additional liability, which the Railroad would not
<br />otherwise have incurred in the absence of Licensee’s activities or project. (In the latter event,
<br />Licensee shall pay for and defend and indemnify Indemnitees from and against such additional
<br />liability to the extent of such new or additional liability.)
<br />(c) Any Hazardous Materials not introduced onto the Property by Licensee, its
<br />agents, employees, contractors, subcontractors or invitees shall remain the property of the
<br />Railroad (or other responsible third parties) and shall not be deemed property of Licensee.
<br />(d) For purposes of this Agreement, “Hazardous Materials” means material that,
<br />because of its quantity, concentration or physical or chemical characteristics, is at any time now
<br />or hereafter deemed by any federal, state or local governmental authority to pose a present or
<br />potential hazard to public health, welfare or the environment. Hazardous Materials includes,
<br />without limitation, any material or substance defined as a “hazardous substance, pollutant or
<br />contaminant” pursuant to the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), the Resource Conservation
<br />and Recovery Act (42 U.S.C. 6901 et seq.) or pursuant to Section 78075 of the California Health
<br />and Safety Code; a “hazardous waste” listed pursuant to Section 25140 of the California Health
<br />and Safety Code; any asbestos and asbestos containing materials whether or not such materials
<br />are part of the Property or are naturally occurring substances on the Property, and any
<br />petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or natural
<br />gas liquids.
<br />(e) It is the intention of the parties that should any term of this indemnity
<br />provision be found to be void or unenforceable, the remainder of the provision shall remain in
<br />full force and effect.
<br />(f) This indemnity shall survive termination of this Agreement.
<br />15. Compliance with Laws. Licensee shall comply, at Licensee’s expense, with all
<br />applicable laws, regulations, rules and orders with respect to the use of the Property, regardless
<br />of when they become or became effective, including, without limitation, those relating to
<br />construction, grading, signage, health, safety, noise, environmental protection, hazardous
<br />materials, waste disposal and water and air quality, and furnish satisfactory evidence of such
<br />compliance upon request of Railroad. Before beginning work on the Property, Licensee shall
<br />also obtain, at Licensee’s expense, any and all permits, licenses and approvals required for
<br />construction and operation of the Work and shall provide Railroad with copies of such
<br />approvals. Under no circumstances shall Licensee damage, harm or take any rare, threatened
<br />or endangered species on or about the Property.
<br />16. Notices. All notices required or permitted to be given under this Agreement
<br />shall be in writing and mailed postage prepaid by certified or registered mail, return receipt
<br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 8 of 29)
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