Settlement of Litigation Agreement 2020

17. During construction of the Proposed Development, WEHI shall ensure access to and passage along Warner Road and Oval Road, and Wamer Road and Ova! Road shall be kept in good repair, i.e. fixing of potholes, etc; : 18. At the commencement of construction of the Proposed Development, WEHI and the Association shall divide the cost for the maintenance of Warner Road and the portion of Oval Road from Eagle Rock Avenue to its intersection with Warner Road, and any other common costs inourred by the Association in accordance with the ratio of 496 (WEHI): 300 (Association). As used in this Agreement, maintenance with respect to the Shared Roads shall mean and include, by way of example and not limitation, services, maintenance, repair, improvement and replacement with respect to the following: snow, ice, leaf and debris removal; catch basin and stormwater cleanout and repair; curb repair; paving; crack filling; traffic calming devices; sealcoating; line striping; and lawn, irrigation and landscaping services of the boulevards and island areas. The Association shall not be responsible for any roads or other improvements within or installed in connection with the Proposed Development, unless otherwise expressly agreed by the parties; 19. At the commencement of Construction, WEHI and the Association shall divide the cost of snow removal for Bayowski Drive and Kuzik Drive; 20. WEHI will support any effort by the Association to have Oval Road dedicated to the Township of West Orange; 21. WEHI will obtain approval for and install a traffic signal at the intersection of Oval Road and Eagle Rock Avenue; 22. WEHI will agree to install a bus shelter on the eastbound side of Eagle Rock Avenue at the " entrance to Oval Road, to the extent WEHI is permitted to do so by the Township of West Orange and/or the County of Essex under conditions reasonable to WEHI; 23. WEHI does not intend to utilize the Association’s sewerage pump station in connection with the Proposed Development, However, if engineering concerns and/or the Township require the use of the Association’s pump station, WEHI shall, at its own cost, upgrade the pump station so that sewer services to the Association will not be adversely affected by the Proposed Development. In that event, WEHI shall enter into an agreement pursuant to which WEHI will split the cost/maintenance for the pump station on a 300:496

n will not be adversely affected by the Proposed Development. In that event, WEHI shall enter into an agreement pursuant to which WEHI will split the cost/maintenance for the pump station on a 300:496 ratio. If WEHI needs fo utilize the pump station, no upgrades to the pump station may be performed until WEHI and Association enter into a separate agreement regarding the use of and upgrades to the pump station, which the parties will negotiate in good faith; 24, WEHI will install a guardhouse with a gate, subject to approval by the Planning Board of the Township of West Orange, to be utilized by ihe Association and the Proposed Development. :