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adding to that average the amount invoiced by FECR for signal inspection fees during the year 2017. Indian River shall not be deemed in breach of this Agreement due to any action, inaction, or omission by a municipality. The municipality shall also be required, as a condition of obtaining the benefit of such amendments, to execute a separate agreement with Brightline in the form attached as Exhibit H, in which the municipality shall make the commitments reflected in paragraph 11 below. The amendments shall further provide that the municipality shall remain solely responsible for paying FECR the applicable license fee for each crossing per year. 0) Based on Brightline's analysis of the FRA's Quiet Zone calculator, Brightline believes that, in view of the crossing improvements identified in Exhibits D-1 and D-2, Indian River will qualify with the FRA as a Quiet Zone so long as Indian River , in its entirety, applies for a Quiet Zone designation. Brightline agrees to support the applications for Quiet Zone designations by Indian River and/or any municipality within Indian River that qualify under FRA's Quiet Zone calculator for a Quiet Zone designation. 4. Martin Aerial Pedestrian Bridize. (a) Subject to the concurrence of FECR, Brightline agrees to Martin's construction of an aerial pedestrian bridge over the FECR ROW at a location in Stuart, Florida, mutually agreeable to Martin and Brightline. (b) Martin agrees to execute FECR's standard form Aerial Easement Agreement as attached hereto as Exhibit I, pursuant to which Martin will pay FECR a onetime aerial easement fee in an amount not to exceed $47,600. The grant of the aerial easement shall be subject to compliance with FECR and Brightline engineering requirements and approvals. Martin agrees that the indemnity and insurance obligations under FECR's standard form Aerial Easement Agreement shall be modified to extend to both FECR and Brightline. (c) Construction. Martin shall be responsible for the actual construction of the aerial pedestrian bridge and any liability associated therewith; provided, however, that the method and manner of construction and maintenance (but not any bidding process including awards of bids) shall be subject to the approval of FECR and Brightline, to ensure non-interference with rail or fiber optic operations. (d) Construction Costs. Martin and Brightline shall share responsibility for the cost of constructing the aerial pedestrian bridge, on an equal basis. Martin and Brightline shall each endeavor to obtain federal, state, and/or other grant money for the construction of the bridge, and if either or both is successful, their payment obligations shall be reduced on an equal basis. For example, if Martin were to obtain a grant in the amount of $500,000, Martin's and Brightline's respective payment obligations would be reduced by $250,000 each. Brightline shall pay its share of such construction costs to Martin within sixty (60) days after Martin provides Brightline proof of payment to contractors. (e) Maintenance. Martin shall be solely responsible for the actual maintenance of the aerial pedestrian bridge and the cost of maintenance and replacement of the aerial pedestrian bridge, as needed. -8-