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.. c' (..'.i /010 - . -, ~ ~ 2. Termin?tion: Licensor may teminate this License. upon th ir'ty (30) d.2Ys' written notic::: ~f Licensee fails to keep any of Licensee's covenants herein contai~ed, or if the right of is required for other purposes by Licensor, and no reir:'.Dursement shall ' T - "Ta y De maue ror Licensee 's exp e::lS es incu:::-red in the removal 0 f this c:::-ossing or the consideration paid [or this License. Ko termination or. e):pir3.tion sh.21l affect the rights and liabilities, if an:..:, of the parties hereto then existing. 3. Rcstor:Jtion: Upon th~t~rmin;:¡tiDn of this agr~::mt:1t. wheth~r in accordanc~ wi~h the p~ovisions O! Parag,raph J of Article: I. or Paragraph:2 or 4 of Artick III. or otherwise, Licenscc s~~ll promptly r~movcsald CrossIng from Llc::nsor s rIght of wav and restore: said right of way to its prior condition. or to a condItion satIsfactory to Llce:nsor.1f LIcensee SO3.il fatl,to rcmo\c said' Crossinn within thlny (30) days 3.fter the termination of this agrc~mcnt. Licensor may n:mov~ the sam~. and charg~ the expense: ther~for to the Licensee on the basis provided in Paragraph I(b) of Article III. 4. ~!iscellaneous: (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 11: chang~s. Licensee agrees not to assign this License or any interest therein, without the consent of Licenso r in writing. and any ; every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any gnment, Licensee shall at all times remain fully responsible and liable forthe payment of the rental. ifany. hereÎn.specified and ¡or the compliance: -of all of its oth'er obligations under the terms, provisions, and covenants of this License. (b) I n the event ren t is paid annually, Licensor expressly reserves the righ t to increase the above renta Ira te on a ny yea rly 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, s.ince 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 shall be deemed properly gi\'en 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) ì"':o oral promises. oral agreements. or oral warranties shall be deemed a part of to is License. nor shall anyalteration. amendment, supplement, or waiver of any of the provisions of this lic"ense be binding I.pon either party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing. signed by Licensor and Licensee. (f) In the event the temporary drainage pipe line is removed and Licensee notifies Licensor of said removal in writing, the consideration paid to Licensor by Licensee shall be prorated over a period of ten years, and the portion of the unear~ed con- sideration shall be refunded to Licensee and this agreement cancelled; provided, however, that no unearned consideration shall be refunded when such unearned consideration is less than $50.00. (g)This License does not become binding upon Licensor until executed by Licensor's vice-president. Ii': \lITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. MISSOURI-KANSAS-TEXAS RAILROAD CO:-'1PA.:\,Y ~ .--. /' ~. 1:// !/. By . '<'.---- ~"--,,,¿.....-',--;~......-f/ ê-----. - I Y)6e-President CITY OF SAN }!ARCOS, TEXAS t£- (1' - 0 ,., By ~ '-'7 '-7 1/ L - [' ..."". J "' .- ~. r' Title l-1avor ,;; -. - _r : . . . - . - Address; 630 E. Hopkins San }farcos, Texas 78666 T-18970Janis K. Womack City Secretary -3-