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on Railway property is available , the license and the Agreement will terminate for such crossing, appliances, fixtures or facilities at the end of the sixty ( 60) day notice period provided for herein. Upon termination of such license , Licensee shall promptly remove the affected crossing, appliances , fixtures or facilities per industry standards , and restore the premises to their former condition . In the event of a failure of Licensee to do so , the Licensee will promptly reimburse Railway for its cost of doing same . If Licensee determines that a crossing , appliance , fixture or facility is no longer needed by Licensee and will not be used, Licensee will give Railway written notice sixty (60 ) days prior to the date Licensee ' s use of the crossing , appliance , fixture or facility will cease . The license for such crossing, appliance , fixture or facility will then terminate at the end of the sixty ( 60) day notice period . Upon termination of such license , Licensee shall promptly remove the affected crossing, appliance, fixture or facility per industry standards, and restore the premises to their former condition. In the event of a failure of Licensee to do so, Licensee will promptly reimburse Railway for its cost of doing same . " 3 . Paragraph 24 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following : "24 . The initial term of this Agreement shall expire on the anniversary date of this Agreement in the year 2036 . This Agreement shall be automatically renewed for one ( 1 ) year terms thereafter unless at least thirty (30) days prior to the 2036 anniversary date or prior to the end of any renewal term, as the case may be, either party gives written notice to the other party of its intent not to renew the Agreement after the end of that term. Notwithstanding the foregoing, licenses granted hereunder and this Agreement may be cancelled under paragraphs 21 or 23 hereof. Upon termination of any license or this Agreement, Licensee shall promptly remove the affected crossing, appliances , fixtures or facilities per industry standards, and restore the premises to their former condition. In the event of a failure of Licensee to do so , the Licensee will promptly reimburse Railway for its cost of doing same . " Except as amended herein, all other provisions of the IRCPW ' s Agreement remain unchanged and in full force and effect, including the revised Schedule A provided to the IRCPW on March 21 , 2005 . Please indicate the IRCPW ' s acknowledgement and agreement with the amendment of the IRCPW ' s Agreement as set forth herein by signing and dating this letter agreement where indicated below and returning the original to me . Please do not hesitate to contact me if you have any questions about this matter. Sincerely, Bruce L . Baker, Assistant Director Industrial Development & Real Estate BLB/kp ACKINOWLE 2 D A ND AGREED TO : INDK. RIVER COUNiPPUUBL/IC WORKS By; Its6, hairMa# Dater M4 3 2005 AP"DAAOL AN BY ASSISTANT COUNTY ATTORNEY