Laserfiche WebLink
22. Modifications; Waiver; Successors and Assigns. This Agreement may not be <br /> altered, changed or amended, except by instrument in writing signed by both parties hereto. No <br /> provision of this Agreement shall be deemed to have been waived by Railway unless such <br /> waiver shall be in a writing signed by Railway and addressed to Licensee, nor shall any custom <br /> or practice that may evolve between the parties in the administration of the terms hereof be <br /> construed to waive or lessen the right of Railway to insist upon the performance by Licensee in <br /> strict accordance with the terms hereof. The terms and conditions contained in this Agreement <br /> shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their <br /> respective successors in interest and legal representatives, except as otherwise herein expressly <br /> provided. If there shall be more than one Licensee, the obligations hereunder imposed upon <br /> Licensee shall be joint and several. <br /> 23. Notice. Any and all other notices, demands or requests by or from Railway to <br /> Licensee, or Licensee to Railway, shall be in writing and shall be sent by (a) postage paid, <br /> certified mail, return receipt requested, or (b) a reputable national overnight courier service with <br /> receipt therefor, or(c) personal delivery, and addressed in each case as follows: <br /> If to Railwav: <br /> c/o Norfolk Southern Corporation <br /> 1200 Peachtree Street, NE - 12`h Floor <br /> Atlanta, Georgia 30309-3504 <br /> Attention: Director Contract Services <br /> If to Licensee: <br /> The City of Decatur, Illinois <br /> #1 Gary K. Anderson Plaza <br /> Decatur, Illinois 62523-1196 <br /> Attention: Director of Engineering and Infrastructure <br /> Either party may, by notice in writing, direct that future notices or demands be sent to a different <br /> address. All notices hereunder shall be deemed given upon receipt (or, if rejected, upon <br /> rej ection). <br /> 24. Miscellaneous. All exhibits, attachments, riders and addenda referred to in this <br /> License are incorporated into this Agreement and made a part hereof for all intents and purposes. <br /> Time is of the essence with re ard to each rovision of this A eement. This A eement shall be <br /> g P � �' <br /> construed and interpreted in accordance with and governed by the laws of the State in which the <br /> Premises are located. Each c venant � w <br /> i o of Rail ay and Licensee under this Agreement is <br /> 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 /> The provisions of Paragraphs 7, 9, 10, 12 and 18 shall survive the expiration or earlier <br /> termination of this Agreement. <br /> 25. Limitations of Grant. Licensee acknowledges that the license granted hereunder <br /> is a quitclaim grant, made without covenants, representations or warranties with respect to <br /> 8 <br /> � <br />