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EXHIBIT 2 <br /> Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only <br /> to a "recipient" receiving ARRA funding directing from the federal government and, <br /> therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body <br /> and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting <br /> responsibilities to the Railroad. The Political Body also confirms and acknowledges that <br /> (i) the Railroad shall provide to the Political Body the Railroad's standard and customary <br /> billing for expenses incurred by the Railroad for the Project including the Railroad's <br /> standard and customary documentation to support such billing, and (ii) such standard and <br /> customary billing and documentation from the Railroad provides the information needed <br /> by the Political Body to perform and complete the ARRA reporting documents. The <br /> Railroad confirms that the Political Body and the Federal Highway Administration shall <br /> have the right to audit the Railroad's billing and documentation for the Project as provided <br /> in Section 11 of Exhibit B of this Agreement. <br /> Section 15. TERMINATION OF ORIGINAL AGREEMENT <br /> Upon the completion of the Roadway, the original agreement either governing <br /> currently, or any agreement to be found in the future at the existing at-grade crossing <br /> shall terminate and the terms and conditions of this Agreement shall govern the use, <br /> maintenance and repair of the Roadway. <br /> Section 16. ANNUAL SIGNAL MAINTENANCE FEE <br /> A. Effective as of three years from effective date of this Agreement or the date <br /> of installation and/or the in-service date of the new and/or improved or existing Grade <br /> Crossing Signal System(s) ("Signal System"), the Political Body, in addition to maintaining <br /> at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit <br /> B, agrees to pay to Railroad the sum of Twelve Thousand Five Hundred Eighty Dollars <br /> ($12,580.00) per annum, payable annually in advance, as payment for Railroad's <br /> maintenance of the Signal System that is installed at the Roadway. The annual signal <br /> maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and <br /> made a part hereof. <br /> B. The above annual signal maintenance fee for Railroad's maintenance of the <br /> Signal System is based on the number of current signal units installed at the Roadway. If <br /> the Signal System is improved and/or altered in any way, the Political Body must notify <br /> the Railroad in writing and the annual signal maintenance fee will be increased at a rate <br /> based on the American Railway Engineering and Maintenance of Way Association <br /> (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any <br /> improvement or alteration to the Signal System, the Railroad may increase the annual <br /> signal maintenance fee at a rate based on the AREMA signal unit cost index any time <br /> after the date of installation and/or improvement of the Signal System. The signal unit <br /> base for the annual signal maintenance fee may also be re-determined by the Railroad <br /> at any time subsequent to the expiration of five (5) years following the date on which the <br /> annual signal maintenance fee was last determined or established. Any such changes in <br /> the annual signal maintenance fee referenced in Section 16 may be made by means of <br /> automatic adjustment in billing. <br /> 7 <br />