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<br />UNION PACIFIC: <br /> <br />UNION PACIFIC RAILROAD COMPANY <br />A TTN: Senior Manager Contracts <br />Real Estate Department <br />1400 Douglas Street STOP 1690 <br />Omaha, NE 68179-1690 <br />Facsimile: (402) 501-0340 <br /> <br />LICENSEE: <br /> <br />CITY OF SANTA ANA <br />A TIN: Engineering Department <br />Public Works Department <br />PO Box 1988 M-36 <br />Santa Ana, CA 92702 <br />Facsimile: <br /> <br />Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be <br />deemed to be given three (3) days after deposit with the United States Postal Service. <br /> <br />Section 12. TERMINATION: WAIVER OF BREACH. <br /> <br />A. Railroad may terminate this Agreement by giving Licensee notice of termination if <br />Licensee abandons the Crossing as set forth in Section 13 or defaults under any obligation of <br />Licensee under this license and, if after written notice is given by Railroad to Licensee <br />specifying the default, Licensee fails either to immediately begin to cure the default, or to <br />complete the cure expeditiously but in any event within thirty (30) days after the default notice is <br />given. A waiver by Railroad of a breach of Licensee of any covenant or condition of this <br />Agreement shall not impair the right of Railroad to avail itself of any subsequent breach thereof. <br /> <br />B. Railroad may also terminate this Agreement by giving written notice to Licensee if safety <br />and operational needs of Railroad are materially affected or impaired by Licensee's use of the <br />Property, and Railroad and Licensee cannot come to any mutual agreement or understanding as <br />to how Licensee, at Licensee's sole cost and expense, will eliminate such material effect or <br />impairment. <br /> <br />Section 13. ABANDONMENT. <br /> <br />If Licensee, its successors and assigns, shall abandon the Crossing, or any portion <br />thereof, for the purpose set forth herein for a continuous period of twelve (12) months, then this <br />Agreement and the rights granted herein shall terminate and cease automatically. <br /> <br />Section 14. REMOVAL OF CROSSING UPON TERMINATION OR <br />ABANDONMENT. <br /> <br />Within ninety (90) days after termination of this Agreement or Licensee's abandonment <br />of the Crossing, Railroad, at Licensee's sole cost and expense, shall remove the portion of the <br />