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ARTICLE VII. Subsequent to the award of any contract or contracts by the parties, and <br />before any work commences on this project, a conference shall be held between the <br />representatives of the LOCAL AGENCY, the RAILROAD and the interested contractor(s), at a <br />mutually convenient time and place, for the purpose of coordinating the work to be performed, <br />and at which time a schedule of operations will be adopted. Such schedule of operations will <br />provide sufficient lead time for the RAILROAD to order and assemble their respective materials. <br />ARTICLE IX. Upon execution of this agreement, the RAILROAD shall promptly <br />assemble the necessary materials and, as soon as possible thereafter, arrange to perform its work <br />consistent with the schedule of operations adopted and in accordance with the approved plans <br />and specifications, and shall notify the agencies listed on Exhibit "A" before commencing work. <br />ARTICLE X. The RAILROAD shall bill the LOCAL AGENCY at a fixed cost Lump <br />Sum of $29,371.00 for the work of installing bells cost to complete the work of the crossings at <br />milepost 99.18 and 99.33 of the South Bend Subdivision. The Local Agency will be billed 50% <br />of the cost or $14,685.50 on the end of the month when work starts at the site and the remaining <br />50% or $14,685.50 upon completion of bell installation work. <br />ARTICLE XI. The LOCAL AGENCY hereby certifies that for payment of its obligations <br />incurred in connection with the construction of the proposed improvements, the necessary <br />appropriations have been made and are evidenced by the attached resolution. <br />ARTICLE XII. In the event that delays or difficulties arise in securing any necessary <br />approvals, acquiring rights -of -way, settling damage claims, or for any other cause which in the <br />opinion of the LOCAL AGENCY renders it impracticable to proceed with the construction of the <br />project, then at any time before the construction is started, LOCAL AGENCY may serve formal <br />notice of cancellation upon the RAILROAD and this Agreement shall thereupon terminate. In <br />the event of cancellation, LOCAL AGENCY shall reimburse the RAILROAD for all eligible cost <br />and expense incurred by the RAILROAD prior to receipt of notice of cancellation and payment <br />by LOCAL AGENCY. <br />ARTICLE XIII. This Agreement shall be binding on the parties hereto, their successors <br />and assigns to the extent permitted under law. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed <br />in duplicate counterparts, each of which shall be considered an original, by their duly authorized <br />officials as of the day and date first written above. <br />3 <br />