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5 . COUNTY shall pay an annual license fee in advance to RAILWAY of $ 12 ,500. 00 <br /> (Twelve Thousand Five Hundred Dollars) , for use of the Crossing . The license fee shall be <br /> increased each year on the anniversary date of this Agreement, commencing on the anniversary <br /> date of the second year of this Agreement, by the product of the annual license fee in effect for <br /> the preceding year multiplied by one hundred percent ( 100 %) of the percentage increase, if any, <br /> in the Consumer Price Index, ( 1967= 100) , issued by the Bureau of Labor Statistics of the U. S . <br /> Department of Labor ("CPI") , or 3 %, whichever is greater. The base CPI will be the CPI for the <br /> month of the year preceding the applicable anniversary date of this Agreement by ninety (90) <br /> days . No adjustment will be made for decreases in the CPI. <br /> 6 . 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 /> 7 . 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 /> 8 . Unless otherwise specified, the cost of and liability for installation, construction, <br /> maintenance, replacement and removal of all facilities at the CROSSING SITE, including but <br /> not limited to the crossing structure, railroad and highway devices , and grade crossing surfaces, <br /> xFr i,,,6-.`.z;9 Page 3 <br />