Settlement of Litigation Agreement 2020

25. 26. WEHI recognizes that the Association's preference is to have the guardhouse located on Oval Road southeast of Oval Road’s intersection with Bongart Drive, However, WEHI and the Association recognize the existence of a Declaration of Easement and Right of Way Agreement dated January 19, 1988 (the “Easement”) recorded with the Essex County Clerk in Deed Book 5012, Page 571 between WEHI (predecessor in-interest to the lands owned by the Association), Essex Fells Country Club, and Allied Signal, Inc., which Easement is binding upon the Association. Notification of the Zasement was contained in the Public Offering Statement for the Association’s condominium. Although it is not clear from the Basement as to which party or parties hold a fee simple ownership interest in Oval Road, or any portion thereof, the Easement generally provides that each party fo the Easement grants to the other parties to the Easement “a permanent easement for reasonable ingress and egress on and across” all of Oval Road from Oval Road’s intersection with Eagle Rock Avenue to the border of the Township of Essex Fells. The parties recognize that it is possible that all of Oval Road is not owned by the Association. The parties further recognize that Essex Fells and West Orange also have emergency access rights over a portion of Oval Road, Notwithstanding the Easement, WEBI will attempt to obtain all necessary land use approvals for the installation of the guardhouse on Oval Road southeast of Oval Road’s intersection with Bongart Drive, the Association’s preferred location. However, if after reasonable due diligence, WEHI determines in good faith that the Easement or any other legal impediment will prevent the installation of the guardhouse on Oval Road, WEHI will notify the Association of any such impediment and meet with the Association in good faith to decide upon an alternate, mutually-agreeable location for the guardhouse, including but not limited to Warner Road (which could necessitate the installation of a gate on Bongart Drive at its intersection with Oval Road or the conversion of Bongart Drive into a cul-de- sac so as to prevent access from Oval Road via Bongart Drive). The installation of the guardhouse, no matter where the ultimate location, shall be subject to a site plan application to the Planning Board filed by WEHI with the consent of the Association, At WEHI’s

he installation of the guardhouse, no matter where the ultimate location, shall be subject to a site plan application to the Planning Board filed by WEHI with the consent of the Association, At WEHI’s sole discretion, WEHI may choose to have the guardhouse included on its site plan application for the Proposed Development or in a separate, contemporancously-filed application only concerning the guardhouse, ‘WEHI shall have the Association and the Association’s management company named as additional insureds on WEHI’s Comprehensive General Liability insurance policy and on the CGL policies of any subcontractors; WEBI will indemnify the Association and the Association’s management company for any damage to Association property resulting from construction related activities; 27. The construction of the Proposed Development will have no negative impact on the Association’s utilities, including electricity and water pressure;