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LandRail Agreement No. 406631 <br />Revision Date: March 22, 2010 <br />ARTICLE II. CONSTRUCTION OF ROAD CROSSING <br />A. Licensor will furnish the materials for and install the portion of the Road Crossing <br />lying between the rails of the tracks and for one (1) foot on the outside of each rail ( and will <br />furnish and install any necessary stop signs and identification signs on each side of the crossing <br />and raise, or cause to be raised, any interfering wire line. In performing this work, Licensor, <br />acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, <br />and Licensee shall, on demand, promptly reimburse Licensor for the Licensor's cost thereof, plus <br />percent thereon as a charge for the supervision, accounting, and use of tools. <br />B. Licensee, at its sole cost and expense, will furnish all labor and material and <br />perform all grading and surfacing work necessary for the construction, maintenance, repair or <br />renewal of the remaining portion of the Road Crossing and install any and all appurtenant gates, <br />fences, cattle guards, drainage facilities, traffic signs, and traffic devices shown on Exhibit B. <br />Plans for the construction shall be approved in advance by Licensor, and the construction work <br />shall be done to the satisfaction of the Licensor. Prior to entry on Licensor's property to do its <br />work on construction, Licensee shall contact Licensor's agent to arrange for necessary flaggers <br />and safety supervisors, at Licensee's sole cost and expense. <br />ARTICLE III. USE <br />Licensee shall have no right to use or cross any other portion of Licensor's property, <br />unless by separate agreement, or to use the Road Crossing for any purposes other than as may be <br />expressly permitted herein, and Licensee, as a further consideration, cause and condition without <br />which this License would not have been granted, agrees to restrict its use to those purposes. <br />Licensee shall not do or permit to be done any act which will in any manner interfere <br />with, limit, restrict, obstruct, damage, interrupt, or endanger rail operations or facilities. <br />Licensee shall require and shall take all steps necessary to ensure that all persons using <br />the Road Crossing come to a complete stop before the tracks, look carefully for approaching <br />trains before fouling or crossing tracks, and yield to any approaching train. <br />The Road Crossing shall be used only by Licensee and its employees, agents, contractors, <br />patrons and invitees and then only for private ingress to and egress from Licensee's property. <br />The Road Crossing shall not be used by vehicles of a size, configuration or weight that <br />would damage the tracks, equipment, installations or facilities of Licensor or any equipment, <br />installations or facilities located on Licensor's property but belonging to third persons unless <br />approved in advance in writing by Licensor and then only after suitable precautions have been <br />taken to avoid any such damage. <br />Page 2 of 8 <br />