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<br /> PEDESTRIAN WALKWAY LICENSE Page 3
<br /> 2. Alterations: It is understood and agreed by the t-" here1:o
<br /> par~les
<br /> that Licensor expressly reserves the right to cearrange, relocate, rebuild,
<br /> repair, and mul t:Lply its tracks over and across said crossing, and Licensee
<br /> agrees to reimburse Licensor, upon demand, any additional expense of
<br /> pertormlng such -,.;rork ,"Tn c II would not have been incurred except for the
<br /> presence of said crossing on Licensor's right of 'way.
<br /> 3. Restoration: Upon termination of this Agreement by either
<br /> party, Licensee agrees to restore Licensor's property to a condition
<br /> satisfac tory to Licensor's Chief Engineer including, but not limited to, the
<br /> removal of all approaches and drainage facilities used in connection with
<br /> said crossing.
<br /> 4. Default: In case Licensee shall make default in any of the
<br /> covenants, agreements, or undertakings herein contained to be by Licensee
<br /> kept and performed, or shall violate any of the provisions or conditions
<br /> hereof, Licensor may forthwith declare this Agreement at an end and remove
<br /> said 'dalk.,.,ray, and/or further restore the premises as described in paragraph
<br /> "3" above, all at Licensee's cost. Failure of Licensor to enforce one or
<br /> more of the remedies herein provided or as provided by law, upon an event of
<br /> default, shall not be construed to constitute a waiver of such default. No
<br /> action or proceeding by Licensor under this paragraph shall in any manner
<br /> release or discharge the covenants, agreements and undertakings of Licensee,
<br /> or any liabilities, obligations, risks, or duties assumed herein by Licensee
<br /> which may have accrued as of the date of any default.
<br /> 5. 11iscellaneous Covenants:
<br /> (a) This Agreement is personal to Licensee and shall not lnure
<br /> to the benefit of any receiver, trustee, or other officer, or of any
<br /> assiqnee for b'le benefit of creditors, as an asset of Licensee, but shall
<br /> cease and ter'TIina te upon the appointment of any such receiver, trustee ¡ or
<br /> other officer ¡ of the making of any such assignment.
<br /> (b) This Þ.greemen t and all of the provisions herein contained
<br /> shall be birding upon the parties hereto, their heirs, executors,
<br /> adminis tra tors, successors and assigns, and Licensee agrees to supply notice
<br /> in ',olri ting to Licensor of any name changes. Licensee agrees not to sublet
<br /> said premises or any part thereof, or assign this agreement or any interest
<br /> .f-' . without the consent of Licensor, in wri ting, and any and every such
<br /> e-nerelt1.,
<br /> attempted subletting or assignment without such prior ,vri tten consent shall
<br /> be void and or no effect. In the event of any assignment or subletting,
<br /> Licensee sh,3.11 at all times remain fully responsible and liable for the
<br /> compliance of all of l t3 a the r obligations under the terms, provisions an'::
<br /> covenants or this agreement.
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