Res 2006-183 - Laserfiche WebLink

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Public Road Xing Developer's Overpass ExB Approved A VP-Law 08082006 , BUILOIr.lG AMERICA" QlI]t b) Nonuse by the Developer and the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Developer and the City hereunder. c) The Developer and the City will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 10 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Developer and the City and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Developer and the City shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Developer and the City and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. SECTION 11 - ASSIGNMENT: SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Public Road Xing Developer's Overpass ExB Approved AVP-Law 05/01/2006 Page 4 of 4 Exhibit B Terms and Conditions To Public Road Crossing Developer's Overpass Agreement