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<br />arising out of the negligent, intentional or malicious acts or omissions of UPRR, its employees, <br /> <br />contractors or subcontractors. <br /> <br />The word "City" as used in this section shall be construed to include, in addition to City, <br /> <br />the successors, assigns and affiliated agencies and any other agency that may be lawfully <br /> <br />operating upon and under the street crossing, said Facilities and the officers and employees <br /> <br />thereof. <br /> <br />9. <br /> <br />Should UPRR, its successors or assigns, at any time discontinue the use of said <br /> <br />Facilities or any part thereof or fail at any time to use the same for the purpose contemplated <br /> <br />herein for a continuous period of two (2) years, the right hereby given shall cease to the extent of <br /> <br />the use so discontinued, and City shall at once have the right, in addition, to, but not in <br /> <br />qualification of the rights hereinabove reserved, to resume exclusive possession of said property <br /> <br />or the part thereof the use of which is so discontinued. <br /> <br />10. <br /> <br />Upon termination of the rights and privileges hereby provided UPRR, at his own <br /> <br />cost and expense, agrees to remove said Facilities from said streets and restore said street as <br /> <br />nearly as practicable to the same state and condition in which it existed prior to the construction <br /> <br />of said Facilities. Should UPRR in such event fail, neglect or refuse to remove said Facilities <br /> <br />and restore said property, such removal and restoration may be performed by City, at the expense <br /> <br />ofUPRR, which expense UPRR agrees to pay to City upon demand. <br /> <br />11. <br /> <br />This License Agreement shall inure to the benefit of and be binding upon the <br /> <br />successors and assigns of the parties hereto. <br /> <br />H,ID"aISpeo;'< P>oj","IS,," IV". CAISao" Aoa U",o~F;oal.doo <br />