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Agreement No.900051 <br /> <br />JPB Standard License Form, Rev. 03/2023 <br /> <br /> <br />10 <br />Railroad to do so or such longer period as approved by Railroad. The Railroad shall designate <br />the location for the Licensee to relocate its permit, if on property owned by Railroad. Any <br />necessary property interests shall be obtained at Licensee’s sole cost and expense. Railroad <br />shall not be responsible for costs or expenses involved in relocating the Facilities, in the event <br />the Facilities must be relocated or for any other cost or inconvenience to Licensee. Licensee <br />shall perform the relocation work in a manner and at times satisfactory to Railroad. If Licensee <br />fails to perform such work, Railroad shall provide written notice to Licensee and after thirty (30) <br />calendar days of such written notice, Railroad may perform the work at the expense of <br />Licensee, which expense shall, upon demand, be paid by the Licensee. The provisions of this <br />Agreement shall apply to all work Licensee performs under this Section. <br />18. Successors and Assigns. Licensee shall not assign nor sublet, in whole or in part, <br />any rights covered by this Agreement, or permit any other person, firm or corporation to use, in <br />whole or in part, any of the rights or privileges granted pursuant to this Agreement, without <br />first obtaining the written consent of the Railroad. <br />19. No Waiver. No waiver of any default or breach of any covenant of this <br />Agreement by either party shall be implied from any omission by either party to take action on <br />account of such default if such default persists or is repeated, and no express waiver shall affect <br />any default other than the default specified in the waiver, and then the waiver shall be <br />operative only for the time and to the extent stated. Waivers of any covenant, term or <br />condition by either party shall not be construed as a waiver of any subsequent breach of the <br />same covenant, term or condition. The consent or approval by either party to or of any act by <br />either party requiring further consent or approval shall not be deemed to waive or render <br />unnecessary their consent or approval to or of any subsequent similar acts. <br />20. Severability. Each provision of this Agreement is intended to be severable. If <br />any term of provision shall be determined by a court of competent jurisdiction to be illegal or <br />invalid for any reason whatsoever, such provision shall be severed from this Agreement and <br />shall not affect the validity of the remainder of this Agreement. <br />21. Attorneys’ Fees. If any legal proceeding should be instituted by either of the <br />parties to enforce the terms of this Agreement or to determine the rights of the parties under <br />this Agreement, the prevailing party in the proceeding shall receive, in addition to all court <br />costs, reasonable attorneys’ fees. <br />22. Condemnation. In the event all or any portion of the Property is condemned for <br />public use, Licensee shall receive compensation only in the amount awarded for the taking and <br />damaging of Licensee’s Facilities. Any compensation for damages for taking the Property or <br />Licensee’s permit interest thereon awarded to Licensee shall be assigned to Railroad. <br />23. Governing Law. The rights and obligations of the parties under this Agreement <br />shall be interpreted in accordance with the laws of the State of California as applied to <br />contracts that are made and performed entirely in California. <br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 10 of 29) <br />7.G. - Page 26 of 104 <br />124