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1. Vacation of Roadway. The terms and conditions contained <br /> in this Agreement to be performed by the City are conditioned <br /> upon the vacation of the subject roadway by the Highway <br /> Commissioner of the Road District. If the Highway Commissioner <br /> does not vacate the subject roadway, then the City is not <br /> obligated to perform the terms and conditions contained in this <br /> Agreement. <br /> 2 . Expenses of Vacation. The City shall pay as billed by <br /> the Highway Commissioner of the Road District all expenses <br /> incurred by the Highway Commissioner in the vacation of the <br /> subject roadway including, but not limited to, such expenses <br /> incurred for the preparation of the hearing, the hearing and the <br /> participation by the Highway Commissioner in all statutory or <br /> legal proceedings or actions in which he is involved concerning <br /> the subject roadway, whether or not such expenses are incurred ' <br /> prior to the filing of the certificate by the Commissioner to <br /> vacate the subject roadway. Such expenses shall include, but are <br /> not limited to, the preparation of surveys and plats of such <br /> subject roadway to be made by a competent surveyor; damages <br /> sustained by adjoining land owners of the subject roadway; <br /> recording fees, newspaper publication costs, documents in <br /> preparation for the filing of the certificate of vacation by the <br /> -3- <br />