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<br />Section 1.
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<br />RIGHTS GRANTED.
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<br />A. For and in consideration of EIGHT THOUSAND FOUR HUNDRED SEVENTY-
<br />EIGHT DOLLARS ($8,478.00) to be paid by the Licensee unto the Railroad, and upon the
<br />execution and delivery of this Agreement, the Railroad hereby grants to Licensee the right,
<br />during the term hereinafter stated and upon and subject to each and all of the terms, provisions
<br />and conditions herein contained, to construct, use, maintain, repair and renew the Crossing on,
<br />along and over the Property.
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<br />B. This Agreement and the license granted herein shall be effective as of the date first herein
<br />written and shall remain in full force and effect for an indefinite term unless terminated as
<br />provided herein, or unless or until Licensee or any other governmental agency having
<br />jurisdiction orders the Crossing closed.
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<br />C. The right granted herein is made subject to and subordinate to the prior and continuing
<br />right and obligation of Railroad, its successors and assigns, to use all of the Property in the
<br />performance of its duty as a common carrier, and there is reserved unto Railroad, its successors
<br />and assigns, the right (consistent with the rights granted herein to Licensee) to construct,
<br />reconstruct, maintain, repair, use and operate existing or future additional railroad tracks, track
<br />appurtenances, fiber optic or signal lines and facilities, pipe, and wire lines over, under and
<br />across the Property.
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<br />D. The rights granted herein are granted only insofar as Railroad may lawfully grant the
<br />same and Railroad makes no covenant or warranty of title, or for quiet possession or against
<br />encumbrances. The right granted herein is also subject to any and all outstanding encumbrances,
<br />licenses, leases, easements, restrictions, conditions, covenants, claims of title and other rights
<br />(whether public or private and whether or not recorded or unrecorded) including, but not limited
<br />to, those for communication, pipeline and wireline facilities and also to any and all extensions
<br />and renewals thereof. The Licensee shall not damage, destroy or interfere with the property or
<br />right of nonparties in, upon or relating to the Property, unless Licensee, at its sole expense,
<br />settles with and obtains a release from such nonparties on mutually satisfactory terms.
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<br />E. The Licensee confirms and agrees that Railroad's or other railroad's operations at the
<br />Crossing may prevent the Crossing to be used by the public for periods of time during which
<br />trains are traversing the Crossing, or when Railroad or other railroad is performing switching or
<br />maintenance or repair activities in the normal course ofrailroad operations. The Licensee agrees
<br />that Railroad and other railroads will not be subject to any liability, costs, fines, penalties or
<br />breach of this Agreement by their blocking of the Crossing due to railroad operations at the
<br />Crossing.
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<br />F. The Licensee shall not use or permit use of the Crossing or any part thereof for any other
<br />purpose than what is specified in this Agreement. No nonparty shall be admitted by Licensee to
<br />use or occupy any part of Railroad's property for any purpose except as specifically provided for
<br />herein without Railroad's prior written consent. Nothing herein shall obligate Railroad to give
<br />such consent, which, if granted, may be subject to such terms and conditions as Railroad, in
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