R2010-121 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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. � PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX654431 12.1 Any additional or• alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. . �� 12.2 Licensor's expense f s ("force account charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules,plus current applicable overhead percentages,the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion,require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH,WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof,unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment,nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liabiliry and/or responsibility of Licensee under this Agreement. 14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a)ternunation, (b) revocation, ar(c) subsequent agreement, or(d) Licensee's removal of the Facility from the Encroachment. However,neither termination nor revocation of this Agreement Page 9 of 15 r�