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2 <br /> <br />C. Termination. Either party may terminate this License by giving written notice to <br />the other at least six (6) full calendar months before the expiration date of the Initial <br />Term or the Renewal Term. For illustration, a notice of termination given during the <br />Initial Term must be made on or before June 30, 2041. <br /> <br />2. Scope of License. <br /> <br />A. Installation of Concrete Curb and Channelizing Median. Licensee is hereby <br />granted a license to install a concrete curb and channelizing median within twenty-five <br />(25) feet of Licensor’s railroad tracks, as depicted in the construction plans attached <br />hereto as Exhibit ‘1’. <br /> <br />B. Maintenance of Concrete Curb and Channelizing Median. Licensee is hereby <br />granted a license to perform maintenance and upkeep on the installed concrete curb and <br />channelizing median, on an as-needed basis or as requested by Licensor. <br /> <br />C. Restoration and Removal of Concrete Curb and Channelizing Median. In the event or <br />structural repairs or other work performed by or for Licensor, or any other person, <br />effects of time, weather, or property damage which destroys or disrupts the concrete <br />curb or channelizing median, Licensee is hereby granted a license to restore and re- <br />install the concrete curb and channelizing median. In the event this Agreement is <br />terminated, Licensee is hereby granted a license to remove the concrete curb and <br />channelizing median. <br /> <br /> <br />3. Compliance with Law. Licensee shall at all times, at its sole cost and expense, <br />comply with all federal, state, and local statutes and regulatory requirements associated <br />with construction and installation of roadways, concrete curbs, and channelizing medians, <br />including traffic control, and the licensed area, and Licensee agrees to indemnify NICTD <br />from any liability resulting from Licensee’s failure to comply with applicable statutes and <br />regulatory requirements. <br /> <br />4. Access. Licensee’s ability to enter within twenty-five (25) feet of Licensor’s railroad <br />tracks during construction, maintenance, restoration, or repairs is expressly conditioned on <br />Licensee (or its contractors) completing the Licensor’s then-current right-of-entry, <br />providing the required proof of insurance, and having railroad flagging protection in place. <br /> <br />5. Design Approval. Before installation of the concrete curb and channelizing median <br />within twenty-five (25) feet of Licensor’s railroad tracks, NICTD must give written <br />approval of the design and location of same. Licensee shall submit the initial design of the <br />concrete curb and channelizing median, and the design for any proposed changes or <br />alterations of the concrete curb and channelizing median, to NICTD for review and <br />approval. NICTD reserves the sole and absolute discretion to grant or withhold approval <br />of any design submitted by Licensee. No additional design approval is necessary for <br />maintenance or restoration of a previously-approved design. <br />