Agda Pkt 2026.07.13 Joint SA PFA

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923792.1 good and safe condition, free from waste, so far as affected by Licensee’s operations, to the reasonable satisfaction of Railroad. If, during the term of this Agreement, Licensee fails to keep the Property and the Work in good and safe condition, free from debris, Railroad shall notify Licensee in writing with a description of the purported failure. If the failure is not cured within ten (10) calendar days of such notice, or within such longer period as agreed by the parties, the Railroad may perform the necessary work at the expense of Licensee, which expense Licensee agrees to pay to Railroad upon demand. Licensee shall not conduct any activities on or about the Property that constitute a nuisance or unreasonable annoyance (including without limitation, emission of objectionable odors, noises or lights) to Railroad, to the owners or occupants of neighboring property or to the public. (o) Project Markers. Project markers in a form and size satisfactory to Railroad, identifying the facility and its owner, shall be installed and constantly maintained by and at the expense of Licensee at Railroad’s property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. The absence of markers does not constitute a warranty by Railroad that there are no subsurface installations. (p) Engineering Review. Railroad (or its contractor) shall provide all engineering review, marketing and scheduling, detouring, flagging and engineering inspection required in connection with said Work, as determined by Railroad in its reasonable discretion, at Licensee’s sole cost and expense. (q) Reimbursement. Licensee agrees to reimburse Railroad for the actual cost and expense incurred by Railroad for the furnishing of any materials or performing any labor in connection with the Work, including, but not limited to, the review of plans and specifications, the installation and removal of any falsework or other protection beneath or along railroad tracks, and the furnishing of such security persons, flaggers and inspectors as Railroad deems necessary. Flaggers and/or inspectors are required when work is performed in proximity to the tracks and are furnished at the cost of approximately $1600 per day for inspectors and $1000 per day for flaggers. (r) Delay Damages. In the event that Licensee’s acts or omissions cause delays to Railroad’s commuter train operations, and if Railroad sustains any damages, and it is agreed by the parties that it is impracticable and extremely difficult to ascertain and determine the actual damages which Railroad will incur in the event of and by reason of such delay. The charges cover such costs as: 1) Additional train crew labor costs; 2) Additional Railroad inspector costs; 3) Costs of establishing any bus bridges; 4) Lost passenger revenues; and 5) Customer rebate costs. Minor Train Delay Liquidated Damages Maximum Delay Per Train Per Day (minutes/seconds) Charge per Train 1’01” to 2’00” $ 2,500 2’01” to 5’00” $ 6,500 5’01” to 10’00” $13,000 10’01” to 15’00” $20,000 Major Train Delay Liquidated Damages ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 18 of 29) 7.G. - Page 34 of 104 132