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RAILWORKS TRACK SERVICES, INC
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Last modified
8/19/2024 9:48:16 AM
Creation date
4/25/2022 10:11:09 AM
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Contracts
Company Name
RAILWORKS TRACK SERVICES, INC
Contract #
A-2022-012
Agency
Public Works
Council Approval Date
2/1/2022
Expiration Date
1/31/2023
Insurance Exp Date
4/1/2024
Destruction Year
2028
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(b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto <br />and their respective heirs, legatees, distributes, legal representatives, successors and assigns. <br />(c) This Lease shall not be modified, amended or supplemented, in whole or part, <br />without the prior written consent of all parties hereto. Each and every waiver of any covenant, <br />representation, warranty or any other provision hereof must be in writing and signed by each party <br />whose interests are adversely affected by such waiver. No waiver granted in any one instance shall <br />be construed as a continuing waiver applicable in any other instance. <br />(d) If any legal action or other proceeding is brought for the enforcement hereof, or <br />because of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' <br />fees, court costs and all expenses even if not taxable as court costs (including, without limitation, <br />all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in <br />addition to any other relief to which such party or parties may be entitled. <br />(e) The parties hereby agree that each party and its attorneys have reviewed and revised <br />this Lease and that the normal rule of constriction, to the effect that any ambiguities are resolved <br />against the drafting party, shall not be employed in the interpretation of this Lease and no other <br />rile of strict construction shall be used against any party. All exhibits and schedules attached or <br />to be attached hereto, and all other agreements and instruments referred to herein, are hereby <br />incorporated herein by reference, as fully as if copied herein verbatim. <br />(f) This Lease shall be governed by the internal laws of the State of California without <br />regard to and excluding its principles of conflicts of laws. <br />(g) The parties further agree that upon request, they shall do such further acts and <br />deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, <br />as may be reasonably necessary from time to time to evidence, confirm or cart' out the intent and <br />purposes of this Lease. <br />(h) Unless the context in which used clearly requires another construction, throughout <br />this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the <br />neuter gender shall include the masculine or both, and the singular of terms shall include the plural <br />and vice versa. The section headings are for convenience only and shall not affect the construction <br />hereof. <br />(i) if any one or more of the provisions hereof shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or rmenforceability shall not <br />affect the validity or enforceability of any other provision hereof, which shall be construed as if <br />such invalid, illegal or unenforceable provision had never been contained herein. The parties intend <br />that if any provision hereof is capable of two constructions, one of which would render the <br />provision void and the other of which would render the provision valid, then the provision shall <br />have the meaning which renders it valid. <br />0) Time is of the essence in the performance of each parry's respective obligations. <br />9 <br />
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