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2. Termination: Licensor may terminate this License upon 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 -'"'ill be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No -mination or expiration shall affect the rights and liabilities, if any. of the parties hereto then existing. 3. Restor8tion: Upon the termination of this agreement. whether in accordance wi~h the p~ovisions o~ Parag,ra~h I of Article I. or Paragraph 2 or 4 of Article III, or otherwise. Licensee shall promptly remove said CrosslI~g from Llcens~r s TIght of way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fad to remove said Crossing within thirty (30) 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 J(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 assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, ifany, herein specified and for the compliance of all of its other obligations under the terms, provisions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental increase period, or the last anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether Licensee be a natural person, a partnership, or a corporation, or any combination thereof. (d) Any notice herein required to be given by Licensor to Licensee shaH be deemed properly given if served upon or delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration. amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. (f) This License does not become binding upon Licensor until executed by Licensor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as ofthe day and year first above written. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY BY~' ~~J- Vice-President CITY OF SAN MARCOS, TEXAS ç: (]~ By ~ Title Mayor Address: 630 East Hopkins ~f1/~ San Marcos, Texas 78666 Janis K. Womack .ty Secretaxy File: T-18970 -3-