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<br />ARTICLE III.
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<br />It is mutually agreed by and between the parties, as follows:
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<br />I.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
<br />condition satisfactory to Licensor. Licensor may request Licensee to change the location ofthe Crossing, or any part thereof. or to
<br />make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with ordanger in the use
<br />or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
<br />Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
<br />by the Crossing, Licensee shall at its sole expense, and within thirty (30) days after notice so to do, (or upon shorter notice in case of
<br />emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by
<br />Licensor.
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<br />(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
<br />conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
<br />any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change oflocation
<br />to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
<br />and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
<br />Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting, and use of tools; or
<br />Licensor may terminate this License by giving to Licensee not less than thirty (30) days' advance written notice
<br />of its intention so to do.
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<br />2. Termination: Licensor may terminate this License upon thirty (30) days I written
<br />notice if Licensee fails to keep any of Licensee's covenants herein contained, or if the
<br />right of way is required for other purposes by Licensor, and no reimbursement shall be made
<br />for Licensee's expenses incurred in the removal of this crossing or the consideration paid
<br />for this License. No termination or expiration shall affect the rights and liabilities, if
<br />any, of the parties hereto then existing.
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<br />3. Restoration: Upon the termination of this agreement, whether in accordance with the provisions of Paragraph I of
<br />Article I, or Paragraph 2 or 4 of Article III, or otherwise, Licensee shall promptly remove said Crossing from Licensor's right of
<br />way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove
<br />said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the
<br />expense therefor to the Licensee on the basis provided in Paragraph I(b) of Article Ill.
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<br />4. Miscellaneous: (a) This License and all of the provisions herein contained shall be bir..ng upon the parties hen:to.
<br />their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any
<br />name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any
<br />and every such attempted assignment without such prior written consent shaD be void and of no effect. In the event of any
<br />assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and
<br />for the compliance of all of its other obligations under the terms, provisions, and covenants of this License.
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<br />(b) ~n the event rent is paid annually, Licensor expressly reserves the right to increase the above n:ntal rate on any yearly
<br />annIversary date of this license by giving licensee thirty (30) days' written notice. Licensor may increase the rental by the
<br />percentage that the Consumer Price Index has increased, published by the Department of Labor, since the Jast rental
<br />increase period, or the Jast anniversary date hen:of.
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<br />(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
<br />Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
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<br />(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
<br />delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addn:ssed to Licensee at his last
<br />known place of business.
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<br />(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this license, nor shall any alteration,
<br />amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
<br />same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee.
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<br />(f) This License does not become binding upon Licensor until executed by Licensor's vice-president.
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