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year preceding the applicable anniversary date of this Agreement by ninety (90) days. No <br />adjustment will be made for decreases in the CPI. <br />4. The provisions and stipulations of this Agreement are a part of the consideration of the <br />licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any <br />of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be <br />terminated with full legal rights and remedies retained by the RAILWAY, including but not <br />limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. <br />5. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the <br />installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or <br />maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the <br />RAILWAY necessary permits, COUNTY shall bear all additional expense incurred by the <br />RAILWAY attributable to such failure, including costs due to slow ordering of trains. COUNTY <br />shall promptly pay such amounts upon billing by the RAILWAY. <br />6. Unless otherwise specified, the cost of installation, construction, maintenance and <br />replacement of all facilities at the CROSSING SITE, including but not limited to the crossing <br />structure and railroad and highway devices, whether performed by the COUNTY or RAILWAY, <br />shall be the sole responsibility of the COUNTY. <br />7. The RAILWAY shall install the warning devices, including the fixed signs, flashing <br />lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the <br />sole cost of the COUNTY; provided, however, that should the parties enter into a Railroad <br />Reimbursement Agreement, Grade Crossing And Traffic Control Devices, or like agreement <br />with the Florida Department of Transportation for the installation of the WAR\ING DEVICES <br />at the CROSSING SITE, thensuch agreement shall control for all purposes of the installation <br />XFrm0499 <br />Page 3 <br />