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9. Paragraph II.5(b)of the Agreement is deleted in its entirety and replaced with the following: <br /> (b) Except as otherwise provided in this Agreement, LICENSEE shall reimburse the <br /> RAILWAY for the actual cost of the work performed by RAILWAY,which is estimated <br /> to be Five Hundred Forty-Five Thousand, Three Hundred Twenty-Nine and Zero <br /> Cents ($545,329.00). It is agreed that progress payments will be made by LICENSEE <br /> to the RAILWAY for the total amount of work done as shown on monthly statements. <br /> LICENSEE shall pay each RAILWAY statement within forty-five (45) days of receipt. <br /> Upon receipt of the final bill, RAILWAY shall be reimbursed in such amounts as are <br /> proper and eligible for final payment,and the RAILWAY Project shall be submitted to <br /> LICENSEE for final audit. <br /> 10. Paragraph 11.5(d)of the Agreement is deleted in its entirety and replaced with the following: <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 <br /> in the ICC Order. <br /> 11. Exhibit C contained in the Agreement is deleted in its entirety and replaced with a new Exhibit C, <br /> dated November 4,2022,attached hereto as Attachment 2. <br /> 12. Exhibit D contained in the Agreement is deleted in its entirety and replaced with a new Exhibit D, <br /> dated July 27,2023,attached hereto as Attachment 3. <br /> 13. All other terms and conditions contained in the Agreement remain the same as originally written. <br /> IN WITNESS WHEREOF, the parties have, through duly authorized representatives, entered into this <br /> Amendment effective the day and year first written above. <br /> THE CITY OF DECATUR,ILLINOIS,an Illinois Municipality <br /> By: WW <br /> Name: I3 V !e.• e, <br /> Title: <br /> Date: L� <br /> NORFOLK SOUTHERN RAILWAY COMPANY,a Virginia corporation <br /> By: <br /> Name: <br /> Title: <br /> Date: <br />