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fy- <br />Railroad Use Only <br />NS File No. 4121 <br />NCRR File No. 310.05.1079 <br />H-36/1999 -3300 <br />AGREEMENT AND CONSENT <br />This AGREEMENT AND CONSENT is made and entered into by and <br />between North Carolina Railroad Company ("NCRR"), Norfolk Southern Railway <br />Company ("Railway"), and County of Orange, ("Licensee"). <br />WHEREAS, Railway and Licensee desire to enter into the attached License <br />Agreement between Railway and Licensee regarding the property described <br />therein which is owned by NCRR (hereinafter the "Premises"). <br />NOW THEREFORE, in consideration of the above recitals and the <br />promises and agreements contained herein, as well as for other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the <br />NCRR, Railway, and Licensee agree as follows: <br />1. NCRR gives its consent to said attached License Agreement affecting its <br />property pursuant to the terms and conditions of this Agreement and Consent. All <br />of the terms of this AGREEMENT AND CONSENT are hereby incorporated by <br />reference into the License Agreement dated between Railway <br />and Licensee (hereinafter the "License Agreement"). <br />2. NCRR, for and in consideration of the payment by Licensee of $2,185.00 to <br />NCRR as a one time fee upon the execution of the License Agreement to the <br />extent of its right, title, and interest in the premises described in the License <br />Agreement, does hereby permit and grant to Licensee the use and occupation of so <br />much ground within said premises as may be necessary for the Facilities upon the <br />terms and conditions herein. To the extent permitted pursuant to North Carolina <br />law, if Licensee shall default in the payment of rental hereunder for a period of 30 <br />days after the same shall be due, a late payment charge in the amount of 5% of <br />such rent for each month or portion thereof that the same shall remain unpaid shall <br />be charged to Licensee. Licensee will pay such late payment charge together with <br />rental due hereunder. <br />3. The parties agree and understand that any right or claim of Railway held in <br />to <br />Page 1 of 4