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6 <br />B. The Railroad, if it so elects, may terminate this Agreement effective upon <br />delivery of written notice to the Political Body in the event the Political Body does not <br />commence construction on the portion of the Project located on the Railroad’s property <br />within twelve (12) months from the Effective Date. <br /> <br />C. If the Agreement is terminated as provided above, or for any other reason, <br />the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in <br />connection with the Project up to the date of termination, including, without limitation, all <br />actual costs incurred by the Railroad in connection with reviewing any preliminary or final <br />Project Plans. <br /> <br />Section 11. CONDITIONS TO BE MET BEFORE <br /> POLITICAL BODY CAN COMMENCE WORK <br /> <br />Neither the Political Body nor the Contractor may commence any work within the <br />Crossing Area or on any other Railroad property until: <br /> <br />(i) The Railroad and Political Body have executed this Agreement. <br /> <br />(ii) The Railroad has provided to the Political Body the Railroad’s written <br />approval of the Plans. <br /> <br />(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry <br />Agreement and has obtained and/or provided to the Railroad the insurance <br />policies, certificates, binders, and/or endorsements required under the <br />Contractor’s Right of Entry Agreement. <br /> <br />(iv) Each Contractor has given the advance notice(s) required under the <br />Contractor's Right of Entry Agreement to the Railroad Representative <br />named in the Contactor's Right of Entry Agreement. <br /> <br />Section 12. FUTURE PROJECTS <br /> <br /> Future projects involving substantial maintenance, repair, reconstruction, renewal <br />and/or demolition of the Roadway shall not commence until Railroad and Political Body <br />agree on the plans for such future projects, cost allocations, right of entry terms and <br />conditions and temporary construction rights, terms and conditions. <br /> <br />Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS <br /> <br /> A. Political Body shall not assign this Agreement without the prior written <br />consent of Railroad. <br /> <br /> B. Subject to the provisions of Paragraph A above, this Agreement shall inure <br />to the benefit of and be binding upon the successors and assigns of Railroad and Political <br />Body. <br />EXHIBIT 4 <br />  <br />  <br />City Council 15 – 53 4/21/2026