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removal of any necessary false work beneath the tracks of Licensor, and the restoration of Licensor's property. ARTICLE III. It is mutually agreed by and between the parties, as follows: 1. REPAIRS AND RELOCATIONS: (a) Licensee will at all times maintain the Channel in a safe and secure manner, and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Channel, or any part thereof, or to make reasonable repairs as in the judgment of Licensor shall be deemed necessary to avoid interference with or danger in the use or operat ion of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on Licensor's right of way, and in the event it is found necessary for other lines on Licensor's right of way, or any portion of it occupied by the Channel, Licensee shall at its sole expense, and within thirty (30) days after notice so to do, (or upon shorter notice in case of emergency), remove as much of the Channel as is located upon that portion of the right of way so required by Licensor. (b) If Licensee shall fail to perform any of its obligations contained in thi s agreement to the maintenance of safe conditions in and about said Channel on Licensor's property or to make any necessary repairs, or to relocate said Channel then Licensor may cause such condition to be made safe, or change of location to be made, °T repairs to be made, Licensor acting as the agent of Licensee, and may perfo,rm such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse licensor the whole co st thereof, plus ten (10%) percent t hereon as a ch arge for s upervi s ion, accounting, and use of tools; or Licensor may terminate this License by giving to Licensee not less than thirty (30) days' advance written notice of its intention so to do. 2. TERMINATION: Licensor may terminate this License upon thirty (30) days' written notice if Licensee fails to keep any of Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement shall be made for Licensee's expenses incurred in the removal of this Channel or the consideration paid for this License. No termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing. 3. RESTORATION: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph 1 of Article I, or Paragraph 2 or 4 of Article III or otherwise, Licensee shall promptly remove said Channel from Licensor's right of way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove said Channel within ninety (90) days after the termination of this agreement, Licensor may remove the same, and charge the expense therefor to the Licensee on the basis provided in Paragraph l(b} of Article III. 4. MISCELLANEOUS: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns, and licensee agrees to supply notice in writing to Licensor of any name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any assigrment, Licensee shall at all -3-