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(d) Of the Martin Crossings to be Modified, 19 involve roadways within Martin's permitting jurisdiction. Those 19 crossings are listed in Exhibit A. For those 19 Martin Crossings, Martin has requested that Brightline install pavement markings and signage outside the FECR ROW at Brightline's expense and Brightline agrees to do so. Martin agrees to maintain the pavement markings and signage at its own expense. (e) The parties acknowledge and agree that the additional improvements being made pursuant to this paragraph 2 are being made as an accommodation in furtherance of settlement and shall not be deemed an admission that the improvements are necessary or advisable at any particular location. Nor shall they be deemed precedent that similar improvements are necessary or advisable at any other location. (f) Prior to any installation of pavement markings and signage within Martin's right-of-way, Brightline shall apply for and obtain a Martin County Right Of Way Use Permit. Martin agrees that Brightline may use a single Right Of Way Use Permit Application for all pavement markings and signage, a copy of which is attached hereto as Exhibit E-1. Such single Application shall include the required information for each of the 19 roadway crossings within Martin's permitting jurisdiction. Martin further agrees that, upon submission of the completed Right of Way Use Permit Application, the Right of Way Use Permit will be issued. If Martin fails to issue the Right of Way Use Permit as required herein, Brightline shall have no obligation under this Settlement Agreement to install any improvement, pavement marking, or signage outside the FECR ROW. Martin agrees to waive the security requirement for such permit. Such waiver is predicated on Brightline's agreement to return Martin's right-of-way in at least the same condition as before the commencement of such installation, and Brightline's failure to do so shall constitute a breach of this Agreement. (g) Martin agrees to approve Brightline's maintenance of traffic plans for the foregoing crossing work, provided such plans are in compliance with federal, state, and local maintenance of traffic requirements. (h) Martin shall execute amendments to the Existing Martin Crossing Agreements, in the form attached as Exhibit F. The amendments shall not alter Martin's rights or obligations as to FECR, except that for a period of 14 years from the date Brightline begins passenger revenue operations from West Palm Beach to Orlando (the "14 -year period" or the "14 years"), Martin and Brightline shall share responsibility for paying Martin's road surface, signal, and other crossing maintenance and rehabilitation costs, as follows: Martin shall pay up to $251,000 of the total amount invoiced by FECR for road surface, signal, and other crossing maintenance and rehabilitation costs each calendar year, and Brightline shall pay the balance of such costs; provided, however, that if Martin does not pay its share of such road surface, signal, and other crossing maintenance and rehabilitation costs as contemplated herein, Brightline shall have no responsibility for paying any portion of such costs for the year in question. For example, if Martin were to receive a total of $200,000 in invoices from FECR in a particular calendar year, Martin would be obligated to pay those invoices in full; but if Martin were to receive a total of $300,000 in invoices from FECR in a particular calendar year, Martin would only be obligated to pay $251,000, and upon such payment, Brightline would be obligated to pay the balance due — $49,000. The amendments shall also provide that, for each of the first three years after the 14 -year period concludes, Martin and Brightline shall share responsibility for paying Martin's road surface, -3-