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3. Agency acknowledges and agrees that Railroad may withhold its approval for the <br /> Project for any [e8GOn in its sole discretion, including without limitation, innpoote to Railroad's <br /> safety, facilities, or operations. If Railroad 8ppn}xeS the Project, Railroad will continue to work <br /> with Agency to develop final plans and opooifiootiona, and prepare material and force ooe[ <br /> estimates for any Project re|3tedvvorhp8rfornnadbyRai|road. <br /> 4. If the Project is approved by Railroad, Railroad aho|| prepare and forward to <br /> Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the <br /> terms and conditions for the construction and ongoing maintenance of the Project. Unless <br /> otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the <br /> Project shall be at no cost to Railroad. No construction work nnthe Project affecting Railroad's <br /> property or operations ahm|| commence until the C&K8 Agreement is finalized and executed by <br /> Agency and Railroad. <br /> 5. Neither party Sh8|| assign this Agreement without the prior written consent of the <br /> other party, which consent shall not be unreasonably withheld, conditioned, or delayed. <br /> O. No amendment or variation of the terms of this Agreement shall be valid unless <br /> made iD writing and signed by the parties. <br /> 7. This Agreement sets forth the entire agreement between the parties regarding the <br /> Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the <br /> PE Work are inconsistent with the terms or provisions set forth in any existing agreement related <br /> tn the Project, SUChternoaandprovieionaeho|| bedeennedsupenSededbvthiSAgn}ennenttnLhe <br /> extent of such inconsistency. <br /> IN VV|TNE88 VVHEF<EOF, the parties hereto have duly executed this Agreement as of the <br /> Effective Date. <br /> CITY OF SAN K0ARCOS, TEXAS UNION PACIFIC RAILROAD COMPANY, <br /> a Delaware Corporation <br /> Glgnatu�� Signature <br /> � <br /> Erik Lewis <br /> Printed Name Printed Name <br /> � <br /> Manager 1, Industry & Public Projects <br /> Title Title <br />