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shall instead provide the other parties with a list of the locations within Indian River 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. Indian.River shall have no responsibility, including but not limited to financial or liability, pertaining to the installation or maintenance of such fencing. (b) Subject to the concurrence of FECR, Brightline agrees to Indian River's. installation of additional fencing within the FECR ROW, at the locations specified in Exhibit K. For such additional fencing, Indian River agrees to execute FECR's standard form Fencing Lease Agreement attached hereto as Exhibit L, pursuant to which Indian River 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. Indian River 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). Indian River 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. Indian River 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 Indian River or Brightline elects to seek federal, state, or other grant money to defray the cost of any fencing, installation, or maintenance under this paragraph 6, the other party shall cooperate in such efforts. (d) The fencing to be installed shall be Florida Department of Transportation "Type B" fencing. The fencing shall be galvanized with black or dark green coating. 7. St. Lucie River Bridge Modifications. (a) Subject to the concurrence of FECR and the United States Coast Guard ("USCG"), and if the conditions expressed in this paragraph are met, Brightline agrees to incur the expense of raising the low chord elevation of one (1) roughly fifty-five (55) foot span of the St. Lucie River Bridge by between twelve (12) to twenty-four (24) inches above mean high water level relative to the current low chord height as part of Brightline's forthcoming repairs to the St. Lucie River Bridge. Within ninety (90) days of the Effective Date, Brightline shall commission engineering plans for such modifications in order to determine how high of a raise can reasonably and realistically be achieved (the "Proposed Raise"). Within ninety (90) days thereafter, Brightline shall commission an analysis designed to determine the percentage of boat traffic that the Proposed Raise will allow to pass under the St. Lucie River Bridge while it is in a closed position. The analysis will be similar to that previously commissioned by the Town of Jupiter with respect to the anticipated raise of the low chord elevation of certain spans of the Loxahatchee River Bridge. Brightline shall be solely responsible for the cost of the referenced engineering plans and the cost of the analysis of the impact of the Proposed Raise on boat traffic. If the analysis determines that the Proposed Raise will permit less than 35% of boat traffic to pass under the St. Lucie River Bridge while it is in a closed position, Brightline shall not be obligated to -10-