Common use of Conditions and Restrictions Clause in Contracts

Conditions and Restrictions. Licensee shall: be solely responsible for any erosion on the Property caused or exacerbated by the Facility or Use of the Property. In the event that FirstLight determines, in its sole discretion, that erosion within one-hundred feet (100’) of the Facility or the Use on the Property was caused or exacerbated by the acts of the Licensee and Licensee fails to adequately remedy or repair such erosion (the “Erosion Repair”) to the reasonable satisfaction of FirstLight within thirty (30) days of FirstLight’s notice thereof, then FirstLight may conduct such Erosion Repair at Licensee’s cost and expense, and any such charge shall be due and payable to FirstLight within thirty (30) days of the date of the invoice therefor. keep all portable personal property inside structures or off site when Licensee is not occupying the Property. Except to the extent expressly permitted in this License, Licensee shall not undertake or permit: any other uses of the Property without the express written consent of FirstLight; or any excavation, grading or filling on the Property; or construction of any structures, fixtures or improvements on the Property or temporary structures, including tents and trailers, on the Property; or parking or storage, even temporarily of vehicles, materials or equipment on the Property contrary to the terms and provisions of the License until it has received FirstLight’s prior written approval; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or the installation, erection or construction of any dock(s), pier(s), wall(s) and/or other waterway improvement(s) (collectively, a “Waterway Improvement”), unless any and all necessary state and federal approvals have been obtained by the Licensee from all applicable state and federal agencies and written consent has been obtained by Licensee from FirstLight prior to the installation of any Waterway Improvement; or the application of any fertilizer, pesticides, or herbicides to the Property. If planting occurs on the Property, only native species will be used. FirstLight also encourages the removal of non-native invasive species and replacement with native species.

Conditions and Restrictions. Licensee shall: be solely responsible for any erosion on the Property caused or exacerbated by the Facility or Use of the Property. In the event that FirstLight determines, in its sole discretion, that erosion within one-hundred feet (100’) of the Facility or the Use on the Property was caused or exacerbated by the acts of the Licensee and Licensee fails to adequately remedy or repair such erosion (the “Erosion Repair”) to the reasonable satisfaction of FirstLight within thirty (30) days of FirstLight’s notice thereof, then FirstLight may conduct such Erosion Repair at Licensee’s cost and expense, and any such charge shall be due and payable to FirstLight within thirty (30) days of the date of the invoice therefor. In addition, Licensor may require Licensee to plant and maintain native vegetation in order to reduce erosion and run-off from the Property into the Connecticut River, which work shall be performed by Licensee at Licensee’s expense. comply with any and all reasonable conditions imposed by the Licensor from time to time in writing, as the same may be modified and/or amended from time to time by Licensor. Licensor specifically reserves the right to remove unauthorized contractors from the property and shall not be responsible for any costs to Licensee associated with such removal. ensure that all Facilities match the surrounding natural colors on the site and are properly maintained and neat in appearance at all times and keep all portable personal property inside structures or (e.g. lawn chairs) off site when Licensee is not occupying the Property. where feasible, maintain a twenty-five (25) foot wide un-mowed buffer zone adjacent to the river (the “Buffer Zone”), excepting only a maximum six (6) foot wide mowed path to Licensee’s dock (if any). Licensee may selectively prune up to thirty-percent (30%) of woody growth to a height of four (4) feet to maintain views. Pruning should be staggered at different heights and spaced across the riverfront to mimic natural growth. In the event that dock installation, repair or removal by Licensee requires an area larger than the six (6) foot wide mowed path, Licensee shall obtain the written approval of Licensor prior to conducting any additional work in the Buffer Zone that may be necessary for dock repair or removal. store docks for the winter outside of the Buffer Zone unless Licensor grants permission to Licensee in writing to do otherwise, which permission may be granted or withheld in Licensor’s sole discretion. have all exterior lighting pre-approved by Licensor and have any shoreline electrical systems inspected by a Massachusetts licensed electrician and report compliance with federal, state and local electrical codes to Licensor on or before the License Commencement Date. Submersible irrigation pumps shall be removed and may be replaced with a land based irrigation pump installed by a Massachusetts licensed electrician. Other examples of shoreline electrical systems to which this requirement applies include, but are not limited to, dock lighting or outlets. encourage the growth of native species by selective pruning of invasive vegetation species. If planting occurs on Property, only native species will be used. FirstLight also encourages the removal of non-native invasive species and replacement with native species. immediately cease all work on Licensor’s property upon notification from Licensor of a license violation. Except to the extent expressly permitted in this License, Licensee shall not undertake or permitpermit without the prior written consent of Licensor: any other uses of the Property without the express written consent of FirstLightProperty; or any excavation, grading or filling on the Property; or construction of any structures, fixtures or improvements on the Property improvements, or temporary structures, including tents and trailers, on the Property; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or parking or storage, even temporarily of vehicles, boats or trailers, materials or equipment on the Property contrary to the terms and provisions of the License until it has received FirstLight’s prior written approval; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or the installation, erection or construction of any dock(s), pier(s), wall(s) and/or other waterway improvement(s) (collectively, a “Waterway Improvement”), unless any and all necessary state and federal approvals have been obtained by the Licensee from all applicable state and federal agencies agencies, and written consent has been obtained by Licensee from FirstLight prior to the installation of any Waterway Improvement; or the application of any fertilizer, pesticides, or herbicides to the Property. If planting occurs ; or third party contractors to perform work on the Property without the authorization of the Licensor and receipt by Licensor of evidence that the contractor is insured; or the kindling of any fires upon the Property; or the erection of any signage upon or in the vicinity of the Property without prior written approval of Licensor as to the size, only native species will be used. FirstLight also encourages location, configuration, graphics and wording of the removal of non-native invasive species and replacement with native speciessign.

Conditions and Restrictions. Licensee shall: be solely responsible for any erosion on the Property caused or exacerbated by the Facility or Use of the Property. In the event that FirstLight determines, in its sole discretion, that erosion within one-hundred feet (100’) of the Facility or the Use on the Property was caused or exacerbated by the acts of the Licensee and Licensee fails to adequately remedy or repair such erosion (the “Erosion Repair”) to the reasonable satisfaction of FirstLight within thirty (30) days of FirstLight’s notice thereof, then FirstLight may conduct such Erosion Repair at Licensee’s cost and expense, and any such charge shall be due and payable to FirstLight within thirty (30) days of the date of the invoice therefor. In addition, Licensor may require Licensee to plant and maintain native vegetation in order to reduce erosion and run-off from the Property into the Connecticut River, which work shall be performed by Licensee at Licensee’s expense. comply with any and all reasonable conditions imposed by the Licensor from time to time in writing, as the same may be modified and/or amended from time to time by Licensor. Licensor specifically reserves the right to remove unauthorized contractors from the property and shall not be responsible for any costs to Licensee associated with such removal. ensure that all Facilities match the surrounding natural colors on the site and are properly maintained and neat in appearance at all times and keep all portable personal property (e.g. lawn chairs) inside structures or off site when Licensee is not occupying the Property. where feasible, maintain a twenty-five (25) foot wide un-mowed buffer zone adjacent to the river (the “Buffer Zone”), excepting only a maximum six (6) foot wide mowed path to Licensee’s dock (if any). Licensee may selectively prune up to thirty-percent (30%) of woody growth to a height of four (4) feet to maintain views. Pruning should be staggered at different heights and spaced across the riverfront to mimic natural growth. In the event that dock installation, repair or removal by Licensee requires an area larger than the six (6) foot wide mowed path, Licensee shall obtain the written approval of Licensor prior to conducting any additional work in the Buffer Zone that may be necessary for dock repair or removal. store docks for the winter outside of the Buffer Zone unless Licensor grants permission to Licensee in writing to do otherwise, which permission may be granted or withheld in Licensor’s sole discretion. have all exterior lighting pre-approved by Licensor and have any shoreline electrical systems inspected by a Massachusetts licensed electrician and report compliance with federal, state and local electrical codes to Licensor on or before the License Commencement Date. Submersible irrigation pumps shall be removed and may be replaced with a land based irrigation pump installed by a Massachusetts licensed electrician. Other examples of shoreline electrical systems to which this requirement applies include, but are not limited to, dock lighting or outlets. encourage the growth of native species by selective pruning of invasive vegetation species. If planting occurs on Property, only native species will be used. FirstLight also encourages the removal of non-native invasive species and replacement with native species. immediately cease all work on Licensor’s property upon notification from Licensor of a license violation. Except to the extent expressly permitted in this License, Licensee shall not undertake or permitpermit without the prior written consent of Licensor: any other uses of the Property without the express written consent of FirstLightProperty; or any excavation, grading or filling on the Property; or construction of any structures, fixtures or improvements on the Property improvements, or temporary structures, including tents and trailers, on the Property; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or parking or storage, even temporarily of vehicles, materials or equipment on the Property contrary to the terms and provisions of the License until it has received FirstLight’s prior written approval; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or the installation, erection or construction of any dock(s), pier(s), wall(s) and/or other waterway improvement(s) (collectively, a “Waterway Improvement”), unless any and all necessary state and federal approvals have been obtained by the Licensee from all applicable state and federal agencies and written consent has been obtained by Licensee from FirstLight prior to the installation of any Waterway Improvement; or the application of any fertilizer, pesticides, or herbicides to the Property; or. third party contractors to perform work on the Property without the authorization of the Licensor and receipt by Licensor of evidence that the contractor is insured; or the kindling of any fires upon the Property; or the erection of any signage upon or in the vicinity of the Property without prior written approval of Licensor as to the size, location, configuration, graphics and wording of the sign. In the event that any party hereto determines that any trees, shrubs or other vegetation that endanger the Facility or people on the Property should be trimmed, relocated or removed due to hazardous conditions, danger of falling limbs or debris, or disease, Licensee shall obtain written approval from the local Conservation Commission (if required), as well as prior written approval from Licensor, before conducting any such work. Licensee shall perform such work, or cause it to be performed, in a good and workmanlike manner and at Licensee’s sole cost and expense, and shall inform Licensor once all such work is complete. If planting occurs Licensee fails to conduct and pay for such work, then Licensor may conduct such work and Licensor may charge Licensee (i) the actual cost incurred by Licensor for such work to Licensee, or (ii) a reasonable amount for the time, materials and equipment used by Licensor for such work if the work is performed by Licensor’s employees. Any such charges shall be due and payable to Licensor within thirty (30) days of the date of the invoice therefor. In no event shall Licensor be responsible for damage caused by trees, shrubs, timber or vegetation to any Facility or person on the Property, only native species will be used. FirstLight also encourages the and Licensee shall bear all costs associated with removal of non-native invasive species and replacement with native speciestimber, shrubs or vegetation in the event that Licensor grants written approval for such removal.

Conditions and Restrictions. Licensee shall: be solely responsible for any erosion on the Property caused or exacerbated by the Facility or Use of the Property. In the event that FirstLight determines, in its sole discretion, that erosion within one-hundred feet (100’) of the Facility or the Use on the Property was caused or exacerbated by the acts of the Licensee and Licensee fails to adequately remedy or repair such erosion (the “Erosion Repair”) to the reasonable satisfaction of FirstLight within thirty (30) days of FirstLight’s notice thereof, then FirstLight may conduct such Erosion Repair at Licensee’s cost and expense, and any such charge shall be due and payable to FirstLight within thirty (30) days of the date of the invoice therefor. keep all portable personal property (e.g. lawn chairs) inside structures or off site when Licensee is not occupying the Property. Except to the extent expressly permitted in this License, Licensee shall not undertake or permit: any other uses of the Property without the express written consent of FirstLight; or any excavation, grading or filling on the Property; or construction of any structures, fixtures or improvements on the Property improvements, or temporary structures, including tents and trailers, on the Property; or parking or storage, even temporarily of vehicles, boats or trailers, materials or equipment on the Property contrary to the terms and provisions of the License until it has received FirstLight’s prior written approval; or the removal of any timber, vegetation or plantings, except for any timber, vegetation and plants specifically permitted herein; or the installation, erection or construction of any dock(s), pier(s), wall(s) and/or other waterway improvement(s) (collectively, a “Waterway Improvement”), unless any and all necessary state and federal approvals have been obtained by the Licensee from all applicable state and federal agencies agencies, and written consent has been obtained by Licensee from FirstLight prior to the installation of any Waterway Improvement; or the application of any fertilizer, pesticides, or herbicides to the Property. If planting occurs on the Property, only native species will be used. FirstLight also encourages the removal of non-native invasive species and replacement with native species.