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5. Martin Fencing. (a) In accordance with FRA requirements and the Final Environmental Impact Statement for the Brightline Project ("FEIS"), Brightline shall perform a Hazard Analysis within the timeframe provided by 49 C.F.R. § 270. That Hazard Analysis shall include an evaluation designed to determine the locations within Martin where fencing of the FECR ROW is required or recommended for safety. Other than Brightline, none of the parties to this Agreement shall have any role in performing the Hazard Analysis. Brightline shall not be obligated to provide Martin a copy of the Hazard Analysis in view of 49 C.F.R. § 270 which provides that the Analysis is confidential and exempt from disclosure. Brightline shall instead provide the other parties with a list of the locations within Martin where fencing of the FECR ROW was determined to be required or recommended for safety. Brightline shall install and maintain fencing in such locations, at its own expense. Martin shall have no responsibility, including but not limited to financial or liability, pertaining to the installation or maintenance such fencing. (b) Subject to the concurrence of FECR, Brightline agrees to Martin's installation of additional fencing within the FECR ROW, at the locations specified in Exhibit J. For such additional fencing, Martin agrees to execute FECR's standard form Fencing Lease Agreement attached hereto as Exhibit L, pursuant to which Martin will pay FECR an annual lease fee in an amount not to exceed 75 cents per square foot of leased area. The grant of the lease shall be subject to compliance with FECR and Brightline engineering requirements and approvals which shall not be unreasonably denied. Martin agrees that the indemnity and insurance obligations under FECR's standard form Fencing Lease Agreement shall be modified to extend to both FECR and Brightline. Brightline shall be responsible for paying the initial cost of the additional fencing and the initial cost of installing such fencing, up to $1 million ($1,000,000). Martin shall be responsible for the balance of such costs, if any, as well as the cost of maintaining and replacing the additional fencing, as needed. Martin shall be responsible for the actual installation and ongoing maintenance of the additional fencing, 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. (c) In the event that Martin or Brightline elects to seek federal, state, or other grant money to defray the cost of any fencing, installation, or maintenance under this paragraph 5, the other party shall cooperate in such efforts. (d) The fencing to be installed shall be Florida Department of Transportation "Type B" fencing. 6. Indian River Fencing. (a) In accordance with FRA requirements and the FEIS, Brightline shall perform a Hazard Analysis within the timeframe provided by 49 C.F.R. § 270. That Hazard Analysis shall include an evaluation designed to determine the locations within Indian River where fencing of the FECR ROW is required or recommended for safety. Other than Brightline, none of the parties to this Agreement shall have any role in performing the Hazard Analysis. Brightline shall not be obligated to provide Indian River a copy of the Hazard Analysis in view of 49 C.F.R. § 270 which provides that the Analysis is confidential and exempt from disclosure. Brightline IRR