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aforementioned standards and guidelines. Where elements of the crossing upgrades extend beyond the FECR right-of-way at any crossing, BRIGHTLINE shall coordinate any required crossing upgrade work which must be performed outside of the FECR right-of-way with the COUNTY and obtain all necessary permits, subject to the terms of the Settlement Agreement. COUNTY acknowledges that it will grant to BRIGHTLINE the necessary permits for the installation and construction of any aspects of the crossing upgrades outside of the FECR right- of-way, subject to the terms of the Settlement Agreement. BRIGHTLINE will repave or restore the COUNTY's right-of-way if impacted by the crossing upgrade construction at BRIGHTLINE's expense. If there is striping on COUNTY streets which extends beyond the FECR right-of-way then as part of the Project, BRIGHTLINE will re-stripe COUNTY's street along with the portions of the street within FECR's right-of-way at BRIGHTLINE's expense, subject to the terms of the Settlement Agreement. In connection with future maintenance at these Crossings, if comparable restriping is necessary outside of the FECR right-of-way, FECR will perform that restriping, and the costs of such restriping in the COUNTY's right-of-way shall be apportioned to COUNTY, subject to Section 6 below. 3.5 Minimal Disruption. BRIGHTLINE shall perform and complete the Project in a manner that minimizes disruption and inconvenience to COUNTY and the public but COUNTY recognizes that, as with any construction project, there will be unavoidable disruptions and inconvenience to COUNTY and the public. BRIGHTLINE will make every effort to coordinate Crossing closures so as not to adversely impact COUNTY'S scheduled special events. BRIGHTLINE shall make reasonable efforts to only close individual crossings for a period of not more than three (3) consecutive days, provided that the COUNTY acknowledges that some crossings may take longer, ideally no more than five days. BRIGHTLINE will coordinate with the COUNTY so that the crossing improvement work minimizes disruption and inconvenience to the COUNTY and its residents. 3.6 Maintenance of Traffic. BRIGHTLINE shall be responsible for the costs of Maintenance of Traffic signage during the Project. BRIGHTLINE or its contractor shall submit a Maintenance of Traffic plan for each individual Crossing to the COUNTY a minimum of four (4) weeks prior to the commencement of Project work. COUNTY agrees to approve such plan, provided it is in compliance with federal, state, and local maintenance of traffic requirements. 3.7 Quiet Zone. If COUNTY successfully obtains approval to classify the crossings within its boundaries as part of a Quiet Zone, prior to BRIGHTLINE's installation of the various crossing upgrades identified above, BRIGHTLINE agrees to install the quiet zone required improvements to the crossings, at the expense of COUNTY or such other governmental agency that agrees to pay the expenses associated therewith. 3.8 Budget Estimates. To accommodate COUNTY s statutory budget process and fiscal year (October11- September 301, referred to as "Government Fiscal Year"), FECR agrees to utilize commercially reasonable efforts to provide to COUNTY, no later than April 1 It each year, the list of Crossings scheduled for maintenance during the upcoming Government Fiscal Year, along with an estimate of any and all costs or expenses for which COUNTY will be responsible under the License Agreements during such Government Fiscal Year. COUNTY acknowledges that emergency and unanticipated repairs may be necessary at crossings periodically, and FECR may not be able to provide normal advance notice thereof. This provision shall survive any expiration or termination of the License Agreements, as amended. Section 4. FECR REPRESENTATIONS 4.1 Agreement with BRIGHTLINE. FECR hereby acknowledges that FECR and BRIGHTLINE have entered into an agreement under which BRIGHTLINE will utilize the FECR rail corridor for the Project. 4.2 Waiver. FECR hereby waives all rights to reimbursement from COUNTY of the Initial Development Costs under the License Agreements. 4.3 Maintenance of Existing Crossing During Project Construction. If, during the course of the Project construction work, there is required regular maintenance to be performed in connection with the currently existing crossing surface that is outside of the scope of the Project, such maintenance is not included within the scope of BRIGHTLINE's work and expense; provided, however, that BRIGHTLINE and FECR will endeavor to coordinate their respective work so as to minimize any existing crossing surface maintenance costs that COUNTY may bear in accordance with the existing License Agreements. FECR agrees to provide the estimate for such costs at least ninety (90) days in advance of aninvoice. 4.4 Ongoing Maintenance. For so long as FECR is the party responsible for maintaining the Crossings following the Project upgrades, COUNTY may continue to interface solely with FECR in connection with that maintenance and COUNTY required reimbursement in connection therewith. FECR and COUNTY agree to coordinate and cooperate with each other regarding Crossing(s) maintenance with regard to notice, permitting, mobilization and construction. This provision shall survive any expiration or termination of this Agreement. 4.5 Ongoing Maintenance Costs. For so long as FECR is the party responsible for maintaining the Crossings FECR shall apportion the costs for crossing surface maintenance and future crossing upgrade charges with COUNTY as provided for in the License Agreements, subject to subject to Section 6 below. Charges for FECR's inspection of the crossing signals will continue to be assessed in accordance with FDOTs then -current standard chart for signal inspection costs, as such chart is updated and amended. This provision shall survive expiration or termination of the License Agreements, as amended. Section 5. COUNTY REPRESENTATIONS 5.1 Permits; Maintenance of Traffic. COUNTY will grant to BRIGHTLINE the necessary permits for the installation and construction of any Project elements that may be required beyond the FECR right-of-way, subject to the terms of the Settlement Agreement. 5.2 Maintenance of Existing Crossing During Project Construction. If, during the course of the Project construction work, there is required regular maintenance to be performed in connection with the currently existing crossing surface that is outside of the scope of the Project, such maintenance is not included within the scope of BRIGHTLINE's work and expense; and COUNTY acknowledges that FECR may apportion the appropriate share of such costs to COUNTY in accordance with the existing License Agreements. 5.3 Ongoing Maintenance Costs. COUNTY acknowledges that the costs for crossing surface maintenance and future crossing surface and signal upgrade charges shall be reimbursed by COUNTY as provided for in the License Agreements, subject to Section 6 below. Charges for FECR's inspection of the crossing signals will continue to be assessed in accordance with FDOTs then- current standard chart for signal inspection costs, as such chart is updated and amended. This provision shall survive expiration or termination of the License Agreements, -3- -4-