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is given by the RAILWAY and shall continue in effect from <br />I <br />year to year, subject to the same terms and conditions as <br />herein contained. <br />3. The provisions and stipulations of this Agreement <br />are a part of the consideration of the licensing of the <br />crossing site, and in the event the said SECOND PARTY shall <br />fail to comply with any of the covenants and conditions, then <br />this Agreement shall be void and shall terminate with full <br />right on the part of the RAILWAY to re-enter, repossess, and <br />remove the crossing if it shall elect to do so. <br />4. The SECOND PARTY hereby grants unto the RAILWAY <br />necessary permits for the installation, construction, <br />erection, repair, and maintenance of any of the RAILWAY owned <br />or maintained facilities described in this Agreement. <br />5. Unless otherwise specified, the cost of removal, <br />installation, construction, maintenance and replacement of <br />all facilities at the crossing site, including but not <br />limited to the crossing structure and railroad and highway <br />devices, whether performed by the SECOND PARTY or RAILWAY, <br />shall be the sole responsibility of the SECOND PARTY. <br />Further, cost for annual maintenance of the railroad devices <br />as defined in Paragraph 8, shall be the sole responsibility <br />of the SECOND PARTY. The RAILWAY may,'at its option, perform <br />such maintenance and replacement work and bill the SECOND <br />PARTY directly for costs thus incurred that are the <br />responsibility of the SECOND PARTY. Costs for annual <br />maintenance of any railroad devices, shall be identical to <br />those set forth in the "Schedule of Annual Cost of Automatic <br />Highway Grade Crossing Traffic Control Devices" of the <br />3 <br />