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2005-054
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2005-054
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the RAILWAY, and COUNTY shall pay such invoice no later than thirty (30) days from the date <br /> thereof. <br /> 19 . Installation, maintenance and replacement of any and all railroad advance <br /> warning signs and pavement markings on any road approaching the CROSSING SITE shall be <br /> the sole responsibility and cost of the COUNTY, and at its sole expense. <br /> 20 . The COUNTY shall promptly pay RAILWAY all charges for replacement, repair <br /> or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days <br /> of the date of invoice . Failure to promptly pay to RAILWAY amounts billed as due under this <br /> Agreement shall constitute default by the COUNTY. <br /> 2i . The COUNTY hereby acknowledges that it has been notified that its personnel <br /> will or may be working in an area containing active fiber- optic transmission cable as well as <br /> other cables and other facilities . <br /> 22 , If any provision or provisions of this Agreement shall be held to be invalid, illegal or <br /> unenforceable, the validity, legality and enforceability of the remaining provisions shall not in <br /> any way be affected or impaired thereby. <br /> 23 . This Agreement will be governed by the laws of the State of Florida. It constitutes <br /> the complete and exclusive statement of the Agreement between the parties which supersedes all <br /> proposals, oral or written, and all other communications between the parties related to the subject <br /> matter of this Agreement. Any future change or modification of this Agreement must be in <br /> writing and signed by both parties . <br /> 24 . It is understood by and between. the .respective parties hereto that this License <br /> Agreement cancels and supersedes the existing License Agreement dated October 1 , 1978 , <br /> between. tli.c Florida East Coast Railway and Indian River County . <br /> XFrmD499 Page 8 <br />
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