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DocuSign Envelope ID: A50351E1-5303-437E-99C1-329F1E98858A SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement" or "Agreement") is entered into as of June 8, 2021 (the "Effective Date"), by Indian River County, Florida, a political subdivision of the State of Florida ("Indian River"), and Brightline Trains Florida LLC, f/k/a Brightline Trains LLC (`Brightline") (collectively, the "Parties"). RECITALS WHEREAS, Indian River is a political subdivision of the State of Florida which is governed by a Board of County Commissioners (the "IRCBCC"); WHEREAS, Brightline is a corporate entity tasked with developing and operating express passenger rail service between Miami and Orlando, Florida (the `Brightline Project"); WHEREAS, the bulk of Brightline's planned passenger service route, including the portion which will pass through Indian River, will use Florida East Coast Railway LLC's ("FECR") existing railroad right-of-way (the "FECR ROW"); WHEREAS, within Indian River, there are 32 locations where the FECR ROW intersects with an existing roadway, as set forth in Exhibit A (the "Indian River Crossings"); WHEREAS, each of the Indian River Crossings is subject to an independent crossing agreement with FECR (the "Existing Indian River Crossing Agreements"); WHEREAS, 21 of the Indian River Crossings involve roadways within Indian River's permitting jurisdiction (the "County Roadways"); WHEREAS, to accommodate Brightline's express passenger service, Brightline is upgrading the portion of the FECR ROW within Indian River by, among other things, improving the Indian River Crossings; WHEREAS, Indian River has filed a Complaint for Declaratory Judgment against Brightline and FECR in Florida Circuit Court, Case No. 16-2019-CA-003051-XXXX-MA (the "Indian River Crossing Litigation"); and WHEREAS, the Parties desire to settle their differences in order to avoid the time, expense, and uncertainty of further litigation. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and other good and valuable consideration the receipt and the sufficiency of which are acknowledged, the Parties hereby agree as follows: 1. Incorporation of Definitions and Recitals. The definitions and recitals above are incorporated herein by reference and made a substantive part of this Settlement Agreement.