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'~4--~ ci ~~ 0 5 ~ o The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Railroad Company to use and maintain its entire railroad- right-of-way in the performance of its public duty as a common carrier, and is also subject to the right and- power of the Railroad Company to construct, maintain, use, and operate existing and additional railroad tracks, telegraph, telephone, signal, or other pole and wire lines, pipe lines, and other facilities upon, along, or across any oc all parts of said Crossing Area, all oc any of which may be freely done at any time or times by the Railroad Company without any liability to the Political Body or to anyone for compensation or damages for abrogating the grant hcrcin contained. Said grant also is made subject to all outstanding superior rights (including those in favor of telegraph and telephone companies, lessees of said right-of-way and others), and the right of the Railroad Company to renew and extend the same, and is made without covenant of title or far quiet enjoyment. Section 2. CONSTRUCTION - MAINTENANCE - ALL WORK TO BE DONE UNDER RAILROAD COMPANY SUPERVISION. The Political Body has constructed, or caused to be constructed, a public road over the Crossing Acea. The Political Body, without expense to the Railroad Company, shall maintain, or cause to be maintained, the public road on the Crossing Area, except the portions thereof between the track tie ends, which portions shall 6e maintained by and at the ezpense of the Railroad Company. All work done, or caused to be done, by the Polit- ical Body on the Crossing Area shall be under the supervision and to the satisfaction of the Railroad Company. The Political Body shall ascertain the Railroad Company's flagging requirements and make arrangements with the Railroad Company for flagman services at such times as the Railroad Company may deem necessary or desirable while occupying or performing any work upon the Crossing Area, and all ezpense so incurred shall be paid for by the Political Body. Section 3. POLITICAL BODY TO ASSUME TAXES AND ASSESSMENTS. The Political Body agrees to assume all taxes and assessments lawfully levied upon the Crossing Acea during the continuance of this agreement, including assessments levied by improvement district(s), but not including taxes u J