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3/3/1959
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3/3/1959
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on the Railway's right of way, whether owned by the Railway or otherwise, resulting from the <br />installation of any part of said crossing shall be wholly borne by Second Party, all such costs�;ix <br />incurred by the Railway or its tenants, or corporation holding contract or sta tutory ease - <br />menta for such wires and poles shall be wholly paid by Second Party promptly upon receipt of <br />bills for such costs. <br />7. Second Party, at its expense, will install and maintain any necessary drainage <br />facilities required on account of the location and existence of said crossing, such installa- <br />tion, the adequacy thereof for the drainage required and the maintenance thereof are to be <br />subject at all times to the approval of the Railway's authorized representative. <br />S. Second Party sahll not take any action that will prevent or tend to prevent the <br />operation of trains over said crossing. <br />9. The provisions and stipulations of this .agreement are a part of the considerat <br />of the licensing of the above privileges and crossing, and in the event the said Second Party <br />shall fail to comply with any of the covenants and conditions, then this license shall be void <br />and said described crossing shall terminate, with full right on the pXX part of the Trustees <br />and Railway to re-enter and repossess the same if they shall elect to do so. <br />10. Second Party agrees that automatic crossing protection consisting of automatic <br />flashing lights, bells.and gates will be installed at this public road crossing as a part of <br />! this project, at the sole cost of Second Party, and that such installation will be made by <br />the Railway and Second Party agrees to reimburse the Railway for all cost thereof. <br />11. Second Party hereby grants unto Florida East Coast Railway Company and its Trus <br />r <br />tees all necessary permits for the installation, construction, erection, repair and maintena <br />of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, <br />I and Florida East Coast Railway Company or its Trustees shall give Second Party forty-eight <br />(48) hours' notice of intention to perform any such installation, construction, repair, erecti <br />III and maintenance. <br />12. This agreement is terminable (without prior notice to Second Party) by the <br />Trustees or their successors, including Receivers in Equity, or the assigns of the Estate, at <br />their option, upon the discharge of the Trustees as such, or upon the discharge of -any succeed- <br />ing Receiver or Receivers in Equity, any fixed period of time or any other thing herein to <br />the contrary notwithstanding, and in the absence of such cancellation, all rights of said <br />Trustees hereunder shall inure to the benefit of their successors or the assigns of the Estate. <br />13. It is further mutually understood, and agreed by and between the parties hereto <br />that at the termination or the cancellation of this agreement, for any cause, or upon ter - <br />urination of Second Party's use of the crossing herein licensed, Second Party shall remove, <br />I' <br />PN at its entire cost and expense, all improvements placed by it upon the said Railway's right of <br />way and restore the ground to its original condition. <br />�i <br />y� IN WITNESS WHEREOF, the parties hereto have cause these presents to be duly executed <br />te, each the day and year first above written. <br />e <br />E <br />1 <br />1 <br />0 <br />1 <br />0 <br />1 <br />�J <br />
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