Laserfiche WebLink
(2) In the event of the removal of the Road Crossing as in this section <br />provided, UP shall not be liable to the City for any damage sustained by the City for or on <br />account of such removal shall not prejudice or impair any right of action for damage, or <br />otherwise, which UP may have against the City. <br />K. This Agreement may only be terminated under the following conditions: <br />1. UP may terminate this Agreement upon 30 days written notice to the <br />City if UP is required to remove the private crossing by order of a state or local governmental <br />agency, or by final judgment of a court of competent jurisdiction. <br />2. If either party is in default under this Agreement for a period of thirty <br />(30) days following receipt of written notice from the non-defaulting party then the non- <br />defaulting party may pursue any remedies available to it against the defaulting party under <br />applicable law, including, but not limited to, the right to terminate this Agreement. If the <br />default may not reasonably be cured within a thirty (30) day period, this Agreement may not <br />be terminated if the defaulting party commences action to cure the default within such thirty <br />(30) day period and proceeds with due diligence to fully cure the default. The City may <br />terminate this Agreement at any time by notice to UP without further liability if the City <br />determines that it will be unable to use the MP 41.7 Emergency Crossing for its intended <br />purpose. <br />L. Assignment. <br />The City shall not assign this Agreement, or any interest therein to any <br />purchaser, lessee or other holder of the property served by the crossing or to any other <br />person, without the written consent of the Licensor. If the City fails to secure UP's consent <br />to any assignment, the City will continue to be responsible for obligations and liabilities <br />assumed herein. <br />9 <br />