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8 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />should be installed at the Crossing Area, the Political Body shall install adequate <br />temporary warning devices or signs and impose appropriate vehicular control measures <br />to protect the motoring public until the new or improved devices have been installed. <br /> <br />SECTION 10. OTHER RAILROADS <br /> <br /> All protective and indemnifying provisions of this Agreement shall inure to the <br />benefit of the Railroad and any other railroad company lawfully using the Railroad's <br />property or facilities. <br /> <br />SECTION 11. BOOKS AND RECORDS <br /> <br /> The books, papers, records and accounts of Railroad, so far as they relate to the <br />items of expense for the materials to be provided by Railroad under this Project, or are <br />associated with the work to be performed by Railroad under this Project, shall be open to <br />inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business <br />hours by the agents and authorized representatives of Political Body for a period of three <br />(3) years following the date of Railroad's last billing sent to Political Body. <br /> <br />SECTION 12. REMEDIES FOR BREACH OR NONUSE <br /> <br />A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms <br />of this Agreement, the Railroad, in addition to any other rights and remedies, may perform <br />any work which in the judgment of the Railroad is necessary to place the Roadway and <br />appurtenances in such condition as will not menace, endanger or interfere with the <br />Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political <br />Body will reimburse the Railroad for the expenses thereof. <br /> <br />B. Nonuse by the Political Body of the Crossing Area for public highway purposes <br />continuing at any time for a period of eighteen (18) months shall, at the option of the <br />Railroad, work a termination of this Agreement and of all rights of the Political Body <br />hereunder. <br /> <br />C. The Political Body will surrender peaceable possession of the Crossing Area and <br />Roadway upon termination of this Agreement. Termination of this Agreement shall not <br />affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may <br />have arisen prior to termination. <br /> <br />SECTION 13. MODIFICATION - ENTIRE AGREEMENT <br /> <br /> No waiver, modification or amendment of this Agreement shall be of any force or <br />effect unless made in writing, signed by the Political Body and the Railroad and specifying <br />with particularity the nature and extent of such waiver, modification or amendment. Any <br />waiver by the Railroad of any default by the Political Body shall not affect or impair any <br />right arising from any subsequent default. This Agreement and Exhibits attached hereto <br />and made a part hereof constitute the entire understanding between the Political Body