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21. Upon failure of Licensee to perform or comply with any term, covenant, clause or condition herein con-
<br />telned, this Agreement shall terminate immediately upon notice by Licensor. Licensee shall Immediately, but not
<br />later than sevetxty-two (72) hours after posting of such notice, remove Crossing to satisfaction of Licensor, at sole
<br />• cost and expense of Licensee.
<br />22. Should Licensor's property or any part thereof be condemned, appropriated or acquired by any public
<br />authority, then this Agreement, at option of Licensor, shall terminate upon date when said property or any part
<br />thereof shall be taken or conveyed. Notice of election of such option shall be given In writing by Licensor within
<br />thirty (30) days prior to date of conveyance or after date of taking. No part of any damages or award shall belong
<br />to Licensee, except to the extent of any specific award for improvements and/or facilities of Licensee. Improve-
<br />ments and/or facilities of Licensee not condemned, appropriated and/or acquired as aforementioned shall be removed
<br />In accordance with Section 20 hereof.
<br />23. Licensor's expense for wages and materials for any work performed at the expense of Licensee pursuant
<br />to the terms hereof shall be paid by Licensee within thirty (30) days after receipt of bill therefor. Such expense
<br />shall Include, but not be limited to, cost of supervision, traveling expenses, Federal Railroad Retirement and
<br />Unemployment Taxes, vacation allowances, insurance and freight and handling charges on all material used. Equip-
<br />ment rentals, If any, shall be in accordance with Licensor's fixed applicable rates.
<br />24. Any waiver by either party at any time of its rights as to anything herein contained shall not be construed
<br />as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or
<br />breach Is waived In writing by said party.
<br />• 25. Neither shall the failure of Licensor to object to any work done, material used, or method of construction
<br />or maintenance of said Crossing, nor shall any approval given or supervision exercised by Licensor, be construed
<br />as an admissionof liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability
<br />and/or responsibility of Licensee under this Agreement.
<br />26. Neither this Agreement, nor any provision hereofor agreement or provision Included herein by reference,
<br />shall operate or be construed as being for the benefit of any third person. The form or any language of this Agree-
<br />ment shall not be interpreted or construed In favor of or against either party hereto.
<br />27. This Agreement shall be binding upon and Inure to the benefit of the parties hereto and the successors
<br />and assigns of Licensor, and the heirs, representatives, successors or assigns of Licensee, as the case may be, but
<br />no assignment hereof or of any rights or obligations hereunder shall be valid for any purpose without the prior
<br />written consent of Licensor.
<br />28. This Agreement contains the entire understanding between the parties hereto and cannot be changed,
<br />altered, amended, or modified, except by written Instrument subsequently executed by the parties hereto.
<br />29. It is understood and agreed that this Agreement Is executed by all parties under current interpretation of
<br />any and all applicable Federal, State, County, Municipal or other local statute, ordinance or law. Further, It Is under-
<br />stood and agreed that each and every separate division, (Item, paragraph, clause, term, condition, covenant or
<br />agreement) herein contained shall have independent and severable status from each other separate division or com-
<br />bination thereof for the determination of legality, so that if any separate division herein Is determined to be un -
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