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<br />2. Terminatio¡¡: Licensor may terminate this License upon thirty (30) days' written notice
<br />if Licensee fails to keep any of Licensee's covenants herein contained, or if the right of
<br />way is required for other purposes by Licensor, and no reimbursement shall be made for
<br />Licensee's expenses incurred in the removal of this crossing or the consideration paid for
<br />t"Ì1;,S License. No termination or expiration shall affect the rights and liabilities, if any,
<br />the parties hereto then existing.
<br />3. Restoration: Upon the termination of this agreement, whether in accordance wi~h the p~ovisions o~ Para~raI?h I of
<br />Amele I, or Paragraph 2 or 4 of Article Ill. or otherwise. Liœnsee shall promptly remove,sald Cross\l~g from Llcens?r s TIght of
<br />way. and restore said right of way to its prior eonditi?n, ?r to a co,ndition satisfac~ory to LIcensor. If Licensee shall fall to remove
<br />said Crossing within thirty (30) days after the termInatIOn of thIs agreement, LI~nsor may remove the same, and charge the
<br />expense therefor to the Licensee on the basis provided in Paragraph I(b) of ArtIcle HI.
<br />
<br />4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto.
<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 shall be void and of no effect. In'the event of any
<br />assignment, Licensee shall at all times remain fully responsible and liable forthe 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.
<br />
<br />(b) In the event rent is paid annually, Licensor express!y reserves the right to increase the above rental rate on any year]y
<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 last rental
<br />increase period, or the last anniversary date hereof.
<br />
<br />(c) The persona! 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.
<br />
<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, addressed to Licensee at his last
<br />known pJace of business.
<br />
<br />(e) No oral promises, oral agreements, or oral warranties shall be deemed a part ofthis 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.
<br />
<br />(f) In the event the temporary drainage pipe line is removed and Licensee notifies
<br />Licensor of said removal in writing, the consideration paid to Licensor by Licensee
<br />shall be prorated over a period of ten years, and the portion of the unearned con-
<br />sideration shall be refunded to Licensee and this agreement cancelled; provided,
<br />however, that no unearned consideration shall be refunded when such unearned
<br />consideration is less than $50.00.
<br />
<br />(g)This License does not become binding upon Licensor until executed by Licensor's vice-president.
<br />
<br />IN WITNESS WHEREOF, the parties hereto have executed this agreement as ofthedayand year first above written,
<br />
<br />MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
<br />
<br />/; /' .-~ .
<br />! / '. < f
<br />~/- '?Y"" pi J.
<br />By ""~'7'" - "\/'-~~i~~~';;:~id~~~t
<br />l
<br />
<br />
<br />CITY OF SAN MARCOS, TEXAS
<br />
<br />
<br />
<br />By //~ @~
<br />Title Mayor
<br />Address: 630 E. Hopkins
<br />
<br />
<br />;'~2Jf~61~ San Marcos, Texas 78666
<br />
<br />File: T-18970J~nis K. Womack
<br />C~ty Secretary -3-
<br />
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