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3. Maintenance of the crossing shall be borne as hereinabove <br />provided for the construction, except that the Railway, when it disturbs <br />the paving between the headers or the ends of the ties, will, at its ex- <br />pense, perform temporary patching or temporary restoration of such paving. <br />4. The Railway reserves the right to make any necessary or de- <br />sired changes at any time in its existing; tracks or other facilities, or <br />to install, maintain and operate any additional track or tracks or other <br />facilities on its right of way at said road crossing. In such event all <br />required changes in the road crossing structure or works shall be con- <br />sidered new construction and expenses borne by the parties as provided in <br />paragraph 2. <br />5. The, Road Department_ shall not take any action that will <br />prevent or tend to prevent the operation of trains over said crossing. <br />The Road Department hereby grants unto Florida East Coast Railway Company <br />and its Trustee all necessary permits for the installation, construc- <br />tion, erection, repair and maintenance of any of the facilities, work or <br />fixtures mentioned or contemplated in and by this agreement, and Florida <br />East Coast Railway Company or its Trustee shall give the Road Department <br />forty-eight (48) hours' notice of intention to perform any such installa- <br />tion, construction, repair, erection and maintenance. <br />6. The provisions and stipulations of this agreement are a part <br />of the consideration of the licensing; of the above privileges and crossing, <br />and in the event the said Road Department shall fail to comply with any of <br />the covenants and conditions, then this license small be void and said de- <br />scribed crossing shall terminate, with full right on the part of the Trus- <br />tee and Railway to re-enter and repossess the same if they shall elect to <br />do so. <br />a <br />