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2008-160
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2008-160
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able, and said cost to the SECOND PARTY being hereby estima- <br />ted to be $197,000.00, as shown by the estimates of the <br />RAILWAY'S Engineering and Signal Departments, which are <br />attached to this Agreement and by this reference made a part <br />hereof. The cost of a flagman is not included in the total <br />estimate, nor is the cost of paving, drainage, barricading, <br />rerouting traffic, nor the cost of extending the encasement <br />of fiber-optic cables located upn the Railway's right-of-way; <br />all of such costs are to be paid by the SECOND PARTY. <br />18. Installation, maintenance and replacement of any and <br />all railroad advance warning signs and pavement markings on <br />any road approaching the crossing site shall be the sole <br />responsibility of the SECOND PARTY, and at its sole expense. <br />19. If any provision or provisions of this Agreement <br />shall be held to be invalid, illegal or unenforceable, the <br />validity, legality and enforceability of the remaining <br />provisions shall not in any way be affected or impaired <br />thereof. <br />20. This Agreement will be governed by the laws of the <br />State of Florida. It constitutes the complete and exclusive <br />statement of the Agreement between the parties which super- <br />sedes all proposals, oral or written, and all other communi- <br />cations between the parties related to the subject matter of <br />this Agreement. Any future change or modification of this <br />Agreement.must be in writing and signed by both parties. <br />21. It is understood by and between the respective <br />parties hereto that this License Agreement cancels and <br />supersedes that certain Railroad Reimbursement Grade <br />8 <br />
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