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(c) If Railway, in the good faith judgment of its Superintendent, shall require <br />a change in the location or elevation of its railroad on or about the location of the <br />• Facilities or the Premises that might effectively prohibit the use or operation of the <br />Facilities; or <br />(d) If Railway, in the good faith judgment of its Superintendent, determines <br />that the maintenance or use of the Facilities unduly interferes with the operation and <br />maintenance of the facilities of Railway, or with the present or future use of such <br />property by Railway, its lessees, affiliates, successors or assigns, for their respective <br />purposes. <br />17. Condemnation. If the Premises or any portion thereof shall be taken or <br />condemned in whole or in part for public purposes, or sold in lieu of condemnation, then this <br />Agreement and the rights granted to Licensee hereunder shall, at the sole option of Railway, <br />forthwith cease and terminate. All compensation awazded for any taking (or sale proceeds in lieu <br />thereof) shall be the property of Railway, and Licensee shall have no claim thereto, the same <br />being hereby expressly waived by Licensee. <br />18. Removal of Facilities: Survival. The Facilities are and shall remain the personal <br />property of Licensee. Upon the expiration or termination of this Agreement, Licensee shall <br />remove the Facilities from the Premises within thirty (30) days after the effective date thereof. <br />In performing such removal, unless otherwise directed by Railway, Licensee shall restore the <br />Premises to the same condition as existed prior to the installation or placement of Facilities, <br />reasonable weaz and teaz excepted. In the event Licensee shall fail to so remove the Facilities or <br />restore the Fremises,~the Facilities shall be deemed to have been abandoned by Licensee, and the <br />same shall become the property of Railway for Railway to use, remove, destroy or otherwise <br />dispose of at its discretion and without responsibility for accounting to Licensee therefor; <br />provided, however, in the event Railway elects to remove the Facilities, Railway, in addition to <br />any other legal remedy it may have, shall have the right to recover from Licensee all costs <br />incurred in connection with such removal and the restoration of the. Premises. Notwithstanding <br />anything to the contrary contained in this Agreement, the expiration or termination of this <br />Agreement, whether by lapse of time or otherwise, shall not relieve Licensee from Licensee's <br />obligations accruing prior to the expiration or termination date, and such obligations shall <br />survive any such expiration or other termination of this Agreement. <br />19. Entire Agreement. This Agreement contains the entire agreement of Railway an3 <br />Licensee and supersedes any prior understanding or agreement between Railway and Licensee <br />respecting the subject matter hereof; and no representations, warranties, inducements, promises <br />or agreements, oral or otherwise, between the parties not embodied in this Agreement shall be of <br />any force or effect. <br />20. Attorneys' Fees. If Railway should bring any action under this Agreement, or <br />consult or place the Agreement or any amount payable by Licensee hereunder, with an attorney <br />concerning or for the enforcement of any of Railway's rights hereunder, then Licensee agrees in <br />each and any such case to pay to Railway all costs, including but not limited to court costs and <br />attorneys' fees, incurred in connection therewith. <br />~i <br />7 <br />'` <br />