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��.. � � �� �� j � � �� � �� � � y �� � � � �� � �w � . � � � � � � C A Z nv � y 4 "`" m� A = � 0 � a �� ,� � \ � � [-� � 4�" �, , rn � �'•� �� � cn � FIRST AMENDMENT TO RAILROAD LICENSE AGREEMENT w.: � � � �, � � � � � � � � �"�i r-*� „� m � � � � � � � � � � � �' � � � �, � --� Tr cz� b �'� � � � � �rv �� � � �' !'S� A „� �, N"..'' �.. ' ^^ Cn � "`.� �„ r.�. This First Am�ndment to Railroad License Agreement ("Amendment") is entered into as �, of November 18, 201 Q(the "Effective Date"), by and between Grand Island Axea Econamic �.-�, � Developrnent Corp, a non-profit corporation ("Licensor") and FreightCar Rail Services, LLC, a '- Delaware limited liability company, successor by merger with DTE Rail Services, Tnc., a Michigan corparatian ("Licensee"). WHEREAS, Licensor and Licensee entered into a Railroad License Agreement dated as of November 1, 2008 related to certain property farm�rly knawn as the Cornhusker Army Ammunition Plant (the "Agreement"); and WHEREAS, Licensor is selling a portion of the property covered by the Age�rnent, such praperty being more particularly described on Exhibit A, attached hereto and incarparated herein by this reference (the "Released Praperty"); and WHEREAS, in lieu of termination of the entire Agreement, as specifically permitted therein, the parties wish to amend the Agreement to exclude the Released Prap�rty fr�m the terms of the Agreement. NOW, THEREFORE, in cansideration af the mutual covenants set farth herein the parties rnutually agree as fnllows: 1. Recitals. The foregoing recitals are a material part of this Amendment and are incorporated herein by this reference. 2. Amendment of Prap�rtv. The property cavered by the Agreement, as defined therein, is hereby amended tn specifically exclude the Released Property. The Released Property sha11, effective as of the Effective Date, be released and free from the lic�nse granted in the Agreement, including without limitation, all rights, burdens and obligatians af the A�reement. Licensee's right of access to Licensar's control over the Released Property and obli�ations imposed an Licensee as specifically relates ta th� Released Property shall and does hereby cease as of the Effective Date.