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rearrangement, relocation or alteration will be the responsibility of the party requesting such <br />changes. <br />5. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair <br />and/or replacement costs must be distributed among the parties as follows: <br />a) In the event the RAILROAD's negligence destroys or damages the Crossing <br />Signal Equipment, RAILROAD must reimburse AGENCY for the costs to <br />replace or repair such Crossing Signal Equipment. <br />b) In the event the Crossing Signal Equipment is damaged or destroyed by any <br />other cause, AGENCY must, at its sole cost and expense, replace or repair <br />such Crossing Signal Equipment. <br />6. If the Crossing Signal Equipment installed hereunder cannot, through age, be maintained, <br />or, by virtue of its obsolescence, requires replacement, the cost of installation of new crossing <br />signal equipment will be negotiated by the parties hereto on the basis of the current Federal Aid <br />Railroad Signal Program participation and applicable AGENCY at the time of such replacement <br />is warranted. <br />7. This Agreement will inure to the benefit of and be binding on the parties hereto, their <br />successors, and assigns. <br />8. In the event any paragraph contained in this Agreement or any item, part, or term within <br />any particular paragraph is determined by a court of competent jurisdiction to be invalid or <br />unenforceable, the validity of the remaining paragraphs or items will not be affected; and the <br />rights and obligations of the parties will be construed and enforced as if this Agreement did not <br />contain that particular paragraph or item held to be invalid or unenforceable. <br />9. This Agreement may be signed in counterparts, any one of which will be deemed to be an <br />original. The parties further agree that any facsimile copy of a party's signature is valid and <br />binding to the same extent as an original signature. <br />20B-15 <br />