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Tracking No. 23W-19543 COMPENSATION 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, the sum of Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250)as compensation for the use of the Premises. 7. Costs and Expenses. 7.1 For the purpose of this License, "cost" or"costs" and "expense" or"expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. 7.2 Licensee agrees to reimburse Licensor(pursuant to the terms of Section 8 below)for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred. Licensee shall bear the cost of flagger services and other safety measures provided by Licensor, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate 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'/z%), 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 WORK 10. Construction and Maintenance. 10.1 Licensee shall notify Licensor's Roadmaster, Kevin Self at 720 South B Street, Stockton, CA 95205, telephone (209) 460-6340 or Kevin.Self@BNSF.com, and Licensor's Remediation Manager, Thomas Jones, telephone (915) 551-4591 (office) or (816) 605-3945 (cell), at least five (5) business days prior to entering the Premises. 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. Form 427; Rev. 20140815 -2-