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84000546
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84000546
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Last modified
11/18/2008 3:57:32 PM
Creation date
11/18/2008 3:57:11 PM
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DEEDS
Inst Number
84000546
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I <br />84"-'~~ O Ci 054 F <br />include or cover loss, damage, claims, demands, actions, <br />causes of action, costs or ezpenses growing out of injury to. <br />or death of persons traveling upon the said public roadways <br />or loss or destruction of or damage to the property of sueM <br />persons resulting directly from the sole negligence of'the'° <br />Railroad Company. <br />Section 9. TERMINATION. <br />Nonuser by the Political Body of the Crossing Area <br />for public roadway purposes continuing at any time for a <br />period of eighteen {18] months shall, at the option of the <br />Railroad Company, work a termination of this agreement and: <br />of all rights of the Political Body hereurtder.._ <br />If the Political Body shall breach or fail to keep <br />or perform any of the covenants or agreements he-rein stated <br />and shall fail to remedy any default on the part of the <br />Political Body for thirty (30) days after written notice by <br />the Railroad Company to the Political Body pointing out such <br />default, then, upon the expiration of such thirty-day <br />period, this agreement shall terminate and be of no further. <br />force or effect. <br />No termination of this agreement shall affect any <br />rights or obligations of the parties hereto which may have <br />accrued, or liabilities, accrued or otherwise, which may <br />have arisen prior to such termination. <br />Section 10. WAIVER OF BREACH. <br />The waiver by the Railroad Company of a breach of <br />any condition, covenant or agreement herein contained to be <br />kept, observed, and performed by the Political Body shall <br />not impair the right of the Railroad Company to avail itself <br />of any subsequent breach thereof. <br />Section 11. EFFECTIVE DATE. <br />This agreement shall take effect as of the date <br />first herein written and shall continue in full force and <br />effect until terminated as herein provided. <br />Section 12. RTGHT NOT TRANSFERABLE. <br />The Political Body agrees not to transfer or <br />assign this agreement, oc any interest therein, or any right <br />granted thereunder, without the written consent of the <br />Railroad Company, and it is agreed that any such transfer or <br />assignment, whether voluntary, by operation of law, oc <br />otherwise, without such written consent, shall be absolutely <br /> <br />U <br />J <br /> <br />
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