Agda Pkt 2026.07.13 Joint SA PFA

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923792.1 No. of Trains Delayed More Than 15 Minutes in Any Calendar Month Charge per Train 1 to 2 $20,000 3 to 4 $40,000 5 to 6 $60,000 7 or More $80,000 Licensee shall pay to Railroad the sums set forth above within 45 days of receipt of invoice from Railroad. (s) No Blasting. Licensee shall not conduct any blasting on the Property without the prior written authorization of Railroad. (t) Workplace Safety. Licensee shall at all times comply with the provisions of the Federal Railroad Administration regulations, including 49 CFR Part 214, pertaining to Railroad Workplace Safety, and Railroad’s On-Track Safety Program. (u) Conflict with Operating Systems Interface. To the extent any of the foregoing specific requirements of this exhibit conflict with provisions set forth in the Operating Systems Interface and Track Specifications and Design Guidelines for Grade Separations, the provisions of Operating Systems Interface and Track Specifications and Design Guidelines for Grade Separations shall control. (v) Protection of Railroad Facilities. The presence of Railroad’s representatives, conductors, inspectors, flagmen or watchmen may be required when Licensee or any of Licensee’s forces or contractors are working on or near the Property and will be provided by Railroad to protect its facilities, property and movements of its trains or engines. In general, Railroad will furnish such personnel or other protective devices: (1) When any part of any equipment is standing or being operated within 15 feet, measured horizontally, from centerline of any track on which trains may operate, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. (2) For any excavation below elevation or track subgrade if, in the opinion of Railroad’s representative, track or other Railroad facilities may be subject to settlement or movement. (3) For any clearing, grubbing, grading, or blasting which, in the opinion of Railroad’s representative, may endanger Railroad facilities or operations. Licensee specifically agrees that the need for and staffing of Railroad personnel or those of its Operator as provided in this Section shall be within Railroad’s sole discretion, and the reasonable costs shall be borne entirely by the Licensee. The reasonable costs to Licensee of such inspector shall be payable to Licensor within 30 days after presentation of a bill. (w) Fiberoptics. In addition to other provisions of this Agreement requiring Licensee to give notice prior to commencing work, Licensee shall telephone Underground Service ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 19 of 29) 7.G. - Page 35 of 104 133