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-. � PS- FORM 1001-G <br /> REVISED APRIL 29,2008 <br /> AGREEMENT NO.CS�654431 <br /> 182 Neither this Agreement, any provision hereof,nor any agreement or provision <br /> included herein by reference, shall operate or be construed as being for the benefit of any third <br /> person. <br /> 18.3 Except as otherwise provided herein, or in any Rider attached hereto,neither <br /> the form of this Agreement,nor any language herein, shall be interpreted or construed in favor of <br /> or against either party hereto as the sole drafter thereof. <br /> 18.4 This Agreement is executed under�urrent interpretation of applicable <br /> Federal, State, County,Municipal or other local statute, ordinance or law(s). However, each <br /> separate division(paragraph, clause, item, term, condition, covenant or agreement) herein shall <br /> have independent and severable status for the deterniination of legality, so that if any separate <br /> division is determined to be void or unenforceable for any reason, such deternunation shall have <br /> no effect upon the validity or enforceability of each other separate division, or any combination <br /> thereof. <br /> 18.5 This Agreement shall be construed and governed by the laws of the state in <br /> which the Facilities and Encroachment are located. <br /> 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the <br /> due date, it will be subject to Licensor's standard late charge and will also accrue interest at <br /> eighteen percent(18%)per annum, unless limited by local law, and then at the highest rate so <br /> permitted. <br /> 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including <br /> attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. <br /> 18.8 The provisions of this License are considered confidential and may not be <br /> disclosed to a third party without the consent of the other party(s), except: (a) as required by <br /> statute,regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an <br /> auditing firm or legal counsel that are agreeable to the confidentiality provisions, or(d)to <br /> Lessees of Licensor's land and/or track who are affected by the terms and conditions of this <br /> Agreement and will maintain the confidentiality of this Agreement. <br /> 18.9 Licensor shall refund to Licensee any overpayments collected,plus any taxes <br /> paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total <br /> involved is less than One Hundred Dollars (�100.00). <br /> Page 13 of 15 � <br />