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Agenda - 09-19-2007-4h
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Agenda - 09-19-2007-4h
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Last modified
9/2/2008 4:19:58 AM
Creation date
8/28/2008 11:09:32 AM
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BOCC
Date
9/19/2007
Document Type
Agenda
Agenda Item
4h
Document Relationships
Minutes - 20070919
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
S Solid Waste & State University Railroad Co for Extension of Public Sewer to Landfill
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2007
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<br />(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 ar 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. 7f 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 awarded for any taping (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 condiCion as existed prior to the installation or placement of Facilities, <br />reasonable wear and tear excepted. In the event Licensee shall fail to so remove the Facilities or <br />restore the Premises, the Facilities shall bB deemed to have been abandoned by Licensee, and tPie <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 Agreemient, the expiration or termination of this <br />Agreement, whether by Iapse of time or otherwise, sha11 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 A Bement. This Agreement contains the entire agreement of Railway and <br />Licensee and supersedes any prior understanding or agreement between Railway and Licensee <br />respecting the subject matter hereof; and no representations, warrantiBS, inducements, proruises <br />or agreements, oral or otherwise, between the parties not embodied in this Agreement shall be of <br />any force or effect. <br />20. A.ttorne sY ' 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 alI costs, including but not limited to court costs and <br />attorneys' fees, incurred in connection therewith. <br />7 <br /> <br />
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