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i <br /> the railroad crossing referred to in paragraph 8(b) above, the parties, if <br /> necessary, agree to cooperate in obtaining a license in perpetuity from the <br /> Denver and Rio Grande Railroad Company or , alternatively, to cooperate in <br /> adjudicating said rights. Grantee shall in no event have the authority to <br /> contract for or accept any said license or to stipulate, compromise or settle <br /> any lawsuit between the parties and the Denver and Rio Grande Railroad <br /> Company upon terms which Grantor objects to upon the basis that said terms are <br /> too restrictive. <br /> 10. Access. <br /> (a) Seller represents to Purchaser that Seller shall, if <br /> it retains a fee simple interest in the access road contiguous to <br /> the easterly border of the Property running north from the Denver <br /> and Rio Grande Railroad crossing, grant or obtain an easement in <br /> perpetuity to Purchaser for access. Said easement, if granted, shall <br /> be approximately 50 feet in width along and contiguous to the <br /> easterly boundary of the Property, but shall be more particularly <br /> described by a survey. Said easement , if granted, shall be <br /> jointly used and maintained by the parties. <br /> (b) Seller, to the extent it maintains any interest in a <br /> railroad crossing from I-70 north, across the Denver and Rio Grande <br /> Railroad Company's right-of-way to the access referred to in <br /> paragraph 8(b) (the crossing is indicated on the Exhibit A map) , <br /> shall grant to Purchaser, at the same time as the easement in <br /> paragraph 8(b) is granted, an easement in perpetuity to jointly <br /> use, enjoy and maintain said crossing. In the event Seller grants <br /> to Purchaser any easement under this subparagraph (b) , the parties <br /> agree, if necessary, to cooperate in adjudicating their rights in <br /> said crossing or, alternatively, in obtaining a license in <br /> perpetuity from the Denver and Rio Grande Railroad Company, except <br /> that Purchaser shall not contract for or accept any such license or <br /> settle any lawsuit if the Seller objects to such a license or <br /> settlement upon the grounds that the license or settlement is too <br /> -5- <br />