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<br />Railroad's sole discretion, may deem to be necessary or convenient. If the Crossing shall cease <br />to be used for the purposes aforesaid or shall be used for purposes unauthorized herein, then the <br />right granted herein shall cease and terminate. <br /> <br />Section 2. <br /> <br />CONSTRUCTION OF PATHWAY AND CROSSING. <br /> <br />A. The Licensee, at its sole cost and expense, will furnish all labor, material and equipment <br />and supervision for and shall construct and install the portion of the Pathway and Crossing upon <br />the Railroad's property except for portion to be constructed by Railroad as indicated in <br />Railroad's Material & Force Account Estimates. <br /> <br />B. All remaining work involved in the design, construction and installation of the Crossing <br />will be performed by Licensee at its sole cost and expense and in compliance with the Plans. <br /> <br />C. Any changes to the Plans shall be subject to the prior review and written approval of all <br />parties. <br /> <br />Section 3. <br /> <br />LICENSEE'S PAYMENT TO THE RAILROAD. <br /> <br />A. The work to be performed by Railroad, at Licensee's sole cost and expense, is described <br />in the Railroad's Material and Force Account Estimates dated November 9, 2004, and the <br />separate one page sheet, collectively marked Exhibit C, attached hereto and hereby made a part <br />hereof (the "Estimate"). As noted in the Estimate, the Railroad's estimated cost for the Railroad's <br />work associated with the Project is FIFTY-FOUR THOUSAND NINE HUNDRED <br />TWENTY-ONE DOLLARS ($54,921.00). <br /> <br />B. Within one hundred twenty (120) days after Railroad's completion of its work on the <br />Crossing, Railroad will submit to Licensee an invoice detailing all actual and reasonable costs <br />and expenses incurred by Railroad, and Licensee shall reimburse Railroad for such actual and <br />reasonable costs and expenses within thirty (30) days of receipt of such invoice. Railroad shall <br />send the invoice to: <br /> <br />Mr. Taig Higgins <br />Senior Civil Engineer <br />City of Santa Ana <br />PO Box 1988 M-36 <br />Santa Ana, CA 92702 <br /> <br />C. Licensee acknowledges that, in accordance with applicable federal regulations, no <br />benefits will accrue to Railroad in connection with the Crossing and, therefore, all expenses of <br />the Crossing project shall be borne by Licensee as specified in this Agreement. <br /> <br />D. Railroad shall keep all of its records and accounts relating to any costs and expenses of <br />Railroad to be reimbursed by Licensee for a period of three (3) years from and after its <br />completion of its portion of the Crossing work. During such three-year period, the Licensee <br />shall have the right to inspect, copy and audit all such records during normal business hours. If <br />