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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9 Tracking#22W-14933 Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7. 8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30)days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of(i)the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent(2.5%), or(ii)the maximum rate permitted by law. LICENSOR'S RESERVED RIGHTS 9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use,operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances and other facilities or structures of like character upon,over, under or across the Premises existing as of the Effective Date; 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above. LICENSEE'S OPERATIONS 10. Construction and Maintenance of the Borings. 10.1 Licensee shall notify Licensor's Roadmaster, at 720 South B Street Stockton, CA 95205, telephone (209) 460-6340, at least ten (10) business days prior to conducting the Boring Work and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. 10.2 Licensee's on-site supervisors shall retain/maintain a fully-executed copy of this License at all times while on the Premises. 10.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 10.4 Any contractors or subcontractors performing Boring Work, or entering the Premises on behalf of Licensee, shall be deemed servants and agents of Licensee for purposes of this License. 10.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to endanger or interfere with (i)the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii)the safe operation and activities of Licensor or existing third parties, or(iii)the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Form 426; Rev.20180910 -2-