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(c) Incurred Costs. The reimbursement amounts for all costs billed under this Agreement shall <br /> be subject to the applicable Federal principles and based on the full actual costs plus Approved Labor <br /> Additives. Design costs incurred by RAILWAY prior to issuance of the Notice to Proceed shall be <br /> reimbursed by LICENSEE. <br /> (d) RAILWAY Contribution. RAILWAY agrees to participate in the cost of the grade <br /> separation structure by contributing a lump sum amount of$1,000,000 as set forth in the ICC Order No. <br /> issued on <br /> III. GENERAL PROVISIONS <br /> 1. Assignment and Successors. This Agreement shall be binding upon and shall inure to the benefit <br /> of,and shall be enforceable by,the parties hereto and their respective permitted successors and assigns. <br /> 2. Limitations Upon Damages. Notwithstanding any other provision of this Agreement, RAILWAY <br /> shall not be liable for breach of this Agreement or under this Agreement for any consequential,incidental,exemplary, <br /> punitive,special, business damages or lost profits,.as well as any claims for death,personal injury,and property loss <br /> and damage which occurs by reason of,or arises out of,or is incidental to the interruption in or usage of the Facilities <br /> placed upon or about the Premises by LICENSEE, including without limitation any damages under such claims that <br /> might be considered consequential,incidental,exemplary,punitive,special, business damages or loss profits. <br /> 3. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this Agreement are <br /> incorporated into this Agreement and made a part hereof for all intents and purposes. Time is of the essence with <br /> regard to each provision of this Agreement. This Agreement shall be construed and interpreted in accordance with <br /> and governed by the laws of the State in which the Premises are located. Each covenant of RAILWAY and LICENSEE <br /> under this Agreement is independent of each other covenant under this Agreement. No default in performance of any <br /> covenant by a party shall excuse the other party from the performance of any other covenant. <br /> 4. Notice to Parties. Whenever any notice, statement or other communication is required under this <br /> Agreement, it shall be sent to the contact below except as otherwise provided in this Agreement or unless otherwise <br /> specifically advised. <br /> As to LICENSEE: <br /> c/o The City of Decatur,Illinois <br /> 1 Gary K.Anderson Plaza <br /> Decatur,Illinois 62523 <br /> Attention:Director of Public Works <br /> As to RAILWAY: <br /> c/o Norfolk Southern Corporation <br /> Engineering—Design&Construction <br /> 650 West Peachtree Street NW—Box 45 <br /> Atlanta,Georgia 30308 <br /> Attention:Engineer Public Improvements <br /> Either party may,by notice in writing,direct that future notices or demands be sent to a different address. All notices <br /> hereunder shall be deemed given upon receipt(or,if rejected,upon rejection). <br /> 5. Severability.The invalidity of any section,subsection,clause or provision of this Agreement shall <br /> not affect the validity of the remaining sections,subsections,clauses or provisions of this contract. <br /> -7- <br />