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Private Road Crossing License Page 4B 4. Restoration: Upon termination of this License by either party, Licen- see agrees to restore Licensor's property to a condition satisfactory to Licensor's Chief Engineer including, but not limited to, the removal of all approaches and drainage facilities used in connection with said crossing, regardless of whether or not said crossing was placed on Licensor's property by the present Licensee or another party. Restoration of the crossings to prior condition shall be deemed satisfactory. Licensor will remove the "stop" signs and its portion of said cross- ing from between the ends of railroad ties, at Licensee's expense. 5. Refund: If and when this License shall be terminated pursuant to the terms herein set out, Licensor shall refund to Licensee any unearned rental paid in advance¡ provided, howver, that no unearned rental shall be refunded in any case if the unearned rental shall not exceed Fifty Dollars ($50.00). Licensor hereby expressly reserves the right to increase the annual rental rate at any time during the license year upon giving Licensee 30 days notice of its intention to increase said rent. In such event, Licensor agrees to prorate to the date of said increase any advanced rentals paid by Licensee for the then current year. Such increases shall not exceed the greater of any increase in the Consumer Price Index from the date hereof (or the most recent rent increase) to the date of any increase made pursuant hereto or the fair market value of area of the crossing as based on ad- jacent land values. 6. Default: In case Licensee shall make default in the payment of any rental as and when due by the terms of this License, or shall make default in any of the covenants, agreements or undertakings herein contained to be by Licensee kept and performed, or shall violate any of the provisions or conditions hereof, Licensor may forthwith declare this License at an end and remove its portion of said crossing, and/or further restore the premises as described in paragraph 4 above, all at Licensee's cost. Licensor shall not, however, declare a default for breach of any provision hereof which results in an unsafe or dangerous con- dition without giving Licensee ten (10) days written notice of such default and without first giving Licensee thirty (30) days written notice of any other default or breach hereof. Failure of Licensor to enforce one or more of the remedies herein provided or as provided by law, upon an event of default, shall not be construed to constitute a waiver of such default. If Licensor shall not be in default hereunder, Licensee agrees to pay all attorneys' fees resulting from any suits or actions growing out of Licensee's failure to pay the rental in the amount and manner herein specified. No action or proceeding by Licensor under this para- graph shall in any manner release or discharge the covenants, agreements, and undertakings of Licensee which may have accrued as of the date of any default. 7. Miscellaneous Covenants: (a) This License is personal to the benefit of any receiver, trustee or other benefit of creditors as an asset of Licensee, the appointment of any such receiver, trustee any such assignment. the Licensee and shall not inure to officer, or of any assignee for the but shall cease and terminate upon or other officer, or the making of (b) This License and all of the provisions herein contained shall be binding upon the parties hereto, their heirs, executors, administrators, suc- cessors and assigns, and Licensee agrees to supply notice in writing to Licensor