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by the Southern Pacific. Costs incurred by City related to <br />installation and removal of grading and roadbed for the shoofly <br />shall be recognized for purposes of calculating the City's fifty <br />percent (50%) share of the shoofly cost, as provided in paragraph <br />6.d. of the MOU. Other than the costs to be borne by Railroads, as <br />described above, City will bear the entire cost of construction and <br />all other project costs. <br /> <br /> Section 9. This agreement is not intended to provide for <br /> <br />compensation to the Western Pacific for damage to land it owns <br />adjacent to Valley Avenue or damages for its loss of access because <br />of the construction of the grade separation project. The Western <br />Pacific, as part of its contribution to the project, will grant <br />certain rights to the City for right of way for the project. The <br />grant will be made in the form set forth in Exhibit D attached. <br />By separate indenture, Southern Pacific will grant a transverse <br />easement across its operating right of way. <br /> <br /> Section 10. All the covenants and provisions of the <br />foregoing instrument shall be binding upon and inure to the benefit <br />of the successors and assigns of the respective parties hereto. <br />.. IN WITNESS WHEREOF, the parties hereto have duly executed <br />this agreement the day and year first above written. <br /> <br />Witness: THE WESTERN PACIFIC RAILROAD COMPANY <br /> <br /> <br />