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LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement (this “Agreement”), dated as of August 10, 2026 (the “Effective Date”), is by and between ErieNet Local Development Corporation, a New York not for profit corporation with an address of 1 Seneca Street, 29th Floor, Buffalo, New York 14203 (“ErieNet”) and the Town of West Seneca, a municipal corporation with an address of 1250 Union Road, West Seneca, New York 14224 (“Town”). RECITALS: WHEREAS, the Town is the owner of that certain right of way located in the Town, as generally described in Exhibit A, attached hereto and made part hereof (the “ROW”); and WHEREAS, ErieNet desires to install a telecommunications pole (the “Pole”) upon a portion of the ROW (the “Work”) more particularly depicted in described in Exhibit A, attached hereto and made part hereof (the “Licensed Premises”); and WHEREAS, the Town desires to grant to ErieNet a non-exclusive license over, in, under, and across the Pole Area to permit ErieNet to undertake the Work (the “License”); and WHEREAS, the Town, as a condition of granting ErieNet the License and permitting the Work, requires that ErieNet provide indemnification to the Town in relation to the Work, as more particularly described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. License. The Town hereby grants to ErieNet and its designated representatives a non-exclusive license (“License”) to enter upon the Licensed Premises for the purposes of completing the Work, maintaining the Pole and ancillary activities related thereto. The License includes, but is not limited to ingress and egress to and from, over and upon the Licensed Area. The Town shall not unreasonably interfere with ErieNet’s use of the Licensed Premises. The Town may terminate the License at any time in the event of non-compliance with the terms of this Agreement, and such non-compliance continues for thirty (30) days following the date that notice of such non-compliance is provided by the Town to ErieNet with a demand that the same by cured; provided, however, ErieNet may have a reasonable period of time extending beyond such thirty (30) day period described herein for the purposes of curing any non-compliance with the terms of this Agreement not susceptible of being cured within such thirty (30) days timeframe provided ErieNet commences such cure within such thirty (30) day period, and provided further, that such cure period shall not to exceed ninety (90) days. 2. Indemnification. Subject to the terms and conditions set forth in Section 3, ErieNet or the Town (in such capacity, the “Indemnitor”) shall defend, hold harmless, and indemnify the other party (in such capacity, the “Indemnitee”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are awarded against the Page 36 of 241