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I' Public Highway Crossing Ex8 05/01/2006 <br /> Standard Forrn Approved, AVP-Law BUtl,D1NG AIr~RICA' <br /> <br /> i <br /> j trair:~ctivated warning devices should be installed at the Crossing Area, the City shall install adequate temporary warning devices w <br /> signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been <br /> installed. <br /> SECTION 10 - OTHER RAILROADS <br /> Atl protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad <br /> company lawfully using the Railroad's property or facilities. <br /> SECTION 11 - REMEDIES FOR BREACH OR NONUSE <br /> a) ff the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other <br /> rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and <br /> appurtenances in such condition as will not menace, endanger or interfere with the Railroad's fadlities or operations or jeopardize the <br /> Railroad's employees; and the City will reimburse the Railroad for the expenses thereof. <br /> b) Nonuse by the City of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18) months <br /> shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the City hereunder. <br /> c) The City will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of this <br /> Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or othervvise, which may have arisen prior to <br /> termination. <br /> SECTION 12 - MODIFICATION -ENTIRE AGREEMENT <br /> No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the City <br /> and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by <br /> the Railroad of any default by the City shall not affect or impair any right arising from any subsequent default. This Agreement and <br /> Exhibits attached hereto and made a part hereof constitute the entire understanding between the City and the Railroad and cancel <br /> and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part <br /> thereof. <br /> SECTION 13 - ASSIGNMENT: SUCCESSORS AND ASSIGNS <br /> This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be <br /> binding upon and inure to the benefit of the parties hereto and their successors and assigns. <br /> Pubis Highway Crossing Ex6 Page 5 of 5 Exhibit B <br /> Standard Form Approved, AVP-Law - 05/01/2006 Terms and Conditions <br /> To Public Road Crossing Agreement <br /> <br />