Agda Pkt 2026.07.13 Joint SA PFA

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923792.1 Walkways with railings shall be constructed by Permittee over open excavation areas when in close proximity of tracks, and railings shall not be closer than 8’-6” horizontally from centerline of the nearest track, if tangent, or 9’-6” if curved. Any infringement on the above temporary construction clearances due to the Permittee’s operations shall be submitted to Railroad for approval, and shall not be undertaken until approved by Railroad. When the temporary vertical clearance is less than 22’-6” above top of rail, Railroad shall have the option of installing tell-tales or other protective devices Railroad deems necessary for protection of Railroad trainmen or traffic. Permittee shall notify the Railroad in writing, at least twenty-five (25) calendar days, but no more than forty (40) calendar days, in advance of the starting date of installing temporary work with less than permanent clearances established above for approval as provided herein. (h) Open Holes. Any open holes shall be satisfactorily covered at all times when Permittee’s forces are not physically working in the vicinity. Upon completion of work, all holes will be filled in to meet the surrounding ground level with clean, compacted, earthen material and the property left in a neat and safe condition reasonably satisfactory to Railroad. (i) No Crossing of Tracks. Permittee shall not be permitted to cross Railroad’s tracks located on or adjacent to the Property without Railroad’s prior written approval, which may be conditioned on such terms as Railroad deems appropriate. Absent such approval, Permittee’s access shall be by use only of designated public streets or crossings. (j) Payments and Liens. With respect to the Work, Permittee shall fully pay for all materials joined or affixed to the Property, and shall pay in full all persons who perform labor on or deliver materials to the Property. As Railroad is a public entity, its property is not subject to mechanics’ or materialmen’s liens, and nothing in this Permit shall be construed to make its property subject to such liens. Nevertheless, if any stop notice claims, mechanics’ or materialmen’s liens of any kind are filed, Permittee shall immediately remove them at Permittee’s own expense, and shall pay any judgment which may be entered. Should Permittee fail, neglect, or refuse so to do, Railroad, after 48 hours prior notice to Permittee, shall have the right to pay any amount required to release any such liens, or to defend any action brought, and to pay any judgment entered. Permittee shall be liable to Railroad for all costs, damages, reasonable attorneys’ fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment. Railroad may post and maintain upon the Property notices of nonresponsibility as provided by law. (k) Tests. Permittee shall cooperate with Railroad in making any tests Railroad requires of any installation or condition that in Railroad’s reasonable judgment may have an adverse effect on any of the facilities of Railroad. All costs incurred by the tests, or any corrections, shall be borne by Permittee. (l) Completion. Permittee shall notify Railroad the date said work is completed, and also the date the Permittee’s Work is accepted by the Permittee. Upon completion of the work to be done upon Railroad’s Property, Permittee shall promptly remove from the Property all tools, equipment and materials placed thereon by Permittee or its agents. Permittee shall restore said property to the same state and condition as when Permittee entered thereon and shall leave said Property in a clean and presentable condition. ATTY/AGR.2026.194/JPB License - Domestic Water in Pennsylvania (REV: 07-09-26 VR) (Page 17 of 29) 7.G. - Page 62 of 104 160