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<br />Crossing located within the track tie ends, and the Licensee, at its sole cost and expense, shall <br />remove all of the remaining portions of the Crossing improvements from the Property or adjacent <br />to the Railroad right-of-way and restore the Property to its original condition, failing in which <br />UP may perform such activities at the expense of Licensee. <br /> <br />Section 15. MISCELLANEOUS. <br /> <br />A. All the covenants, promises and future obligations and responsibilities herein contained <br />shall inure to the benefit of and be binding upon the parties hereto and their successors and <br />assigns. <br /> <br />B. Neither party may assign this Agreement or any part hereof without the prior written <br />consent of the other party. <br /> <br />C. This Agreement embodies the entire agreement between the parties and shall not be <br />altered except through a written instrument signed by both parties. <br /> <br />D. This Agreement shall be governed by the laws of the State of California and may be <br />enforced only in the federal or state district courts located in California. <br /> <br />E. This Agreement is solely for the benefit of the parties and is not intended to and does not <br />confer any benefits on any third parties. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br />executed in triplicate as of the date first written a~ve: ~_ <br /> <br /> <br />UNION PA FIC RAILROAD <br />(Fede Tax ID.c# 94-6 OJ, <br />, <br /> <br />By <br /> <br /> <br />PATRICIA E. HEALY <br />CLERK OF THE COUNCIL <br /> <br />WITNESS: <br /> <br />CITY OF SANTA ANA <br /> <br />By <br /> <br />Qi0 <br />. / ,,/ I <br />I / L ~/rl J2~-~ <br /> <br />Its <br /> <br />Its <br /> <br /> <br />s <br />ecutive Director <br />ublic Works <br /> <br />APPROVED AS TO FORM <br />, . <br />~. iJ) <br />fJ:!..l1.t.'~Jj\..U.,,t <br />Laura Stitt Sheed <br />A~sjstai1t City Attornev <br />