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LandRail Agreement No. 406631 <br />Revision Date: March 22, 2010 <br />updated Certificates of Insurance that clearly evidence the continuation of all coverage in the same <br />manner, limits of protection, and scope of coverage, as was provided by the original Certificates. <br />Licensee hereby waives all rights of subrogation against Licensor, OmniTRAX, Inc., their <br />parents and affiliates, and their respective partners, successors, assigns, legal representatives, <br />officers, directors, members, managers, agents, shareholders and employees for damages to the <br />extent covered by insurance. All insurance policies of Licensee shall allow that any release from <br />liability of or waiver of claim for recovery from any other party entered into in writing by Licensee <br />prior to any loss or damage shall not effect the validity of said policy(ies) or the right of the insured <br />or insureds to recover under them. <br />In the event that installation or maintenance of the Road Crossing is to be performed by a <br />private contractor, such contractor shall execute Licensor's standard agreement for right of entry <br />and use of premises and provide evidence of insurance coverage as specified in such agreement. <br />ARTICLE VI. TERM <br />This License shall take effect as of December, 2010 and unless sooner terminated as <br />herein provided, shall remain in effect until either Party, for any reason, shall give the other Party <br />not less than thirty (30) days written notice of an intention to terminate; with or without cause and <br />regardless of performance or non - performance of any of the covenants and agreements contained <br />herein and regardless of any fee having been paid in advance for any period and without regard to <br />any loss or damage incurred by either Party as a result of such termination or cancellation. <br />In the event of a breach of this License by Licensee, Licensor may cancel this License upon <br />five (5) days written notice. <br />ARTICLE VII. ADDITIONAL PROVISIONS <br />A. Crossing Maintenance: Licensee shall be responsible for the cost of any and all <br />maintenance necessary on the Road Crossing and any and all appurtenances thereto. Licensor . <br />acting as the agent of Licensee, may perform such work as is necessary in the sole judgment of <br />Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost thereof, plus <br />percent thereon as a charge for the supervision, accounting, and use of tools; or <br />Licensor may terminate this License by giving Licensee not less than ten (10) days advance <br />written notice of its intention to do so. <br />B. Restoration: Upon termination of this License by either Party, Licensor shall <br />have the option to promptly remove said crossing from Licensor's property, and restore said <br />property to its prior condition, or a condition satisfactory to Licensor's authorized representative <br />all at the cost and expense of Licensee. Licensor acting as the agent of Licensee, may perform <br />such restoration as is necessary in the sole judgment of Licensor, and Licensee shall, on demand, <br />promptly reimburse Licensor the cost thereof, plus percent thereon as a charge for <br />the supervision, accounting, and use of tools. <br />Page 5 of 8 <br />