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� `'r� ` � 201049173 installation or maintenance af a private rail crossing and the parties shall cooperate to minimize any disruption to Licensee's utilization of the Licensed Property and Property Railroad Track. 2.2 Public Rail Crossin�s. Licensee shall maintain, at its sole cost and expense, all public rail crossings in accordance with all federal, state and local laws, rules and regulations related to maintenance of public rail crossings where Property Railroad Track intersects with county roads or roadways. 2.3 Utilitv Crossin�s. Licensee agrees to grant easements across the Licensed Property and Froperty Railroad Track for the location and maintenance of utilities that serve the Property. The � of the utility crossin�; right shall bear all cost of constructing and inaintaining the utility crossing, and shall ensure compliance with all federal, state and local laws, rules, and re�ulations related to construction, maintenance and use of the utility crassin�; provided, however, any construction, maintenance or use of such utility crossings shall not unreasonably interfere with I,icensee's use of the Licensed Property and Property Railroad Track. In the event a utility crossing is requested, the requestin� party sha11 provide Licensee with reasonable prior notice of any praposed construction, installation or maintenance of a utility crossing and the parties shall cooperate to minimize any disruption to Licensee's utilization of the License Property and Property Railroad Track. 3. License Fee. During the ten�n of this License, Licensee agrees to pay Licensor promptly in advance, witl�out notice or demand from Licensee, on October 1, January 2, April 1 and July 1 of each year during the License (if any of these dates are not a business day, the rental amount will be due on the next business day), a quarterly rental in the amount of Five Thousand Dollars ($5,000.00) payable in advance. The four quarterly payrnents sha11 be the annual license fee (the "Liccnse 1�'ee"). If the License is not terminated as provided herein, the License Fee sha11 increase, starting on January 2, 2012, and annually thereafter by three percent (3%) per annum over the then current License Fee. The License Fee shall be payable to Licensor at its address as provided hereunder. 4. Term af the License. The License shall be for a tenn of one year; however, the License shall automatically renew for successive one year terms unless the License is terminated in accordance with Paragraph S below. 5. Ri�ht of Termination. Licensor and Licensee reserve the right to terminate the License on 1$0 days written notice to the other party. Upon the termination of this Lic�nse, Licensee shall convey all of Licensee's right, title and interest in the Railroad Track Property (excluding any other personal property that is owned by Licensee and located on the Licensed Property) (collectively "Improvements"), to the Licensar, at no cost to Licensor. Licensor shall acc�pt the Improvements AS IS, WHERE IS, AND WITH ALL FAULTS, known or unknown. LICENSEE DISCLAIMS AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE tMPROVEMENTS, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licens�e a�rees to � .. 2