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Form C-1 Approved as to form by General Counsel ald <br />Rev. 04/23/92 L-17.9 *5 (2-5-96) <br />May 7, 1993 <br />Page 5 of 5 <br />Railroad shall at once have the right, in addition to, but not in <br />qualification of the rights hereinabove reserved, to resume <br />exclusive possession of said property or the part thereof the use <br />of which is so discontinued or abandoned. <br />Upon termination of the rights and privileges hereby granted, <br />Grantee, at its own cost and expense, agrees to remove said <br />structure from said property and restore said property as nearly as <br />practicable to the same state and condition in which it existed <br />prior to the construction of said structure. Should Grantee in <br />such event fail, neglect or refuse to remove said structure and <br />restore said property, such removal and restoration may be <br />performed by Railroad, at the expense of Grantee, which expense <br />Grantee agrees to pay to Railroad upon demand, or Railroad may, at <br />its option, assume ownership of said structure. <br />14. The parties intend that the promises and obligations of <br />this indenture shall constitute covenants running with the land so <br />as to bind and benefit their respective successors and assigns. <br />15. That certain agreement between Licensor and S. C. S. <br />Development Company or their respective predecessors, dated April <br />12, 1995, Lease Audit No. 715445, is hereby terminated as of the <br />effective date of this agreement. <br />IN WITNESS WHEREOF, the parties hereto have caused these <br />presents to be executed in duplicate the day and year first herein <br />written. <br />SOUTHERN PACIFIC TRANSPORTATION COMPANY <br />By <br />( l e ) sir <br />Attest: <br />r/ ASSISTANT SECRETARY <br />CITY OF SAN LEANnD�ROO <br />By Vim" <br />(Title) MiKe er, City Manager <br />( it le) Alice Calvert, City Clerk <br />