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EXHIBIT 4 <br /> B. The Railroad, if it so elects, may terminate this Agreement effective upon <br /> delivery of written notice to the Political Body in the event the Political Body does not <br /> commence construction on the portion of the Project located on the Railroad's property <br /> within twelve (12) months from the Effective Date. <br /> C. If the Agreement is terminated as provided above, or for any other reason, <br /> the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in <br /> connection with the Project up to the date of termination, including, without limitation, all <br /> actual costs incurred by the Railroad in connection with reviewing any preliminary or final <br /> Project Plans. <br /> Section 11. CONDITIONS TO BE MET BEFORE <br /> POLITICAL BODY CAN COMMENCE WORK <br /> Neither the Political Body nor the Contractor may commence any work within the <br /> Crossing Area or on any other Railroad property until: <br /> (i) The Railroad and Political Body have executed this Agreement. <br /> (ii) The Railroad has provided to the Political Body the Railroad's written <br /> approval of the Plans. <br /> (iii) Each Contractor has executed Railroad's Contractor's Right of Entry <br /> Agreement and has obtained and/or provided to the Railroad the insurance <br /> policies, certificates, binders, and/or endorsements required under the <br /> Contractor's Right of Entry Agreement. <br /> (iv) Each Contractor has given the advance notice(s) required under the <br /> Contractor's Right of Entry Agreement to the Railroad Representative <br /> named in the Contactor's Right of Entry Agreement. <br /> Section 12. FUTURE PROJECTS <br /> Future projects involving substantial maintenance, repair, reconstruction, renewal <br /> and/or demolition of the Roadway shall not commence until Railroad and Political Body <br /> agree on the plans for such future projects, cost allocations, right of entry terms and <br /> conditions and temporary construction rights, terms and conditions. <br /> Section 13. ASSIGNMENT: SUCCESSORS AND ASSIGNS <br /> A. Political Body shall not assign this Agreement without the prior written <br /> consent of Railroad. <br /> B. Subject to the provisions of Paragraph A above, this Agreement shall inure <br /> to the benefit of and be binding upon the successors and assigns of Railroad and Political <br /> Body. <br /> 6 <br />