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l <br /> 2 <br /> 3 <br /> <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> 14 <br /> 15 <br /> 16 <br /> 17 <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 29 <br /> <br /> 31 <br /> 32 <br /> 33 <br /> 3,~ <br /> 35 <br /> <br />D~n Oulk. Dou~Jlass <br />& Anderson <br /> <br /> for Lone Star (at no cost to Lone Star) the same <br /> rights of use on such road as it hereby grants to <br /> Lone Star in the existing Connecting Road. <br /> <br /> If the right to use or the use of the E1 Charro Route by <br />Lone Star Traffic permanently ceases by reason of any of the events <br />mentioned in Subparagraph 5(a), Paragraphs (8) or (10) of this <br />Agreement, Lone Star, promptly following said event or events, <br />shall furnish to Kaiser and Rhodes-Jamieson, respectively, duly <br />executed and in form suitable for recordation, appropriate quit- <br />claims and disclaimers of said license, right of way and easement. <br />If such permanent cessation occurs, Lone Star Traffic shall have no <br /> to use the E1 Charro Route or City'S streets after <br /> <br /> except as otherwise provided in Paragraph 1 of this <br /> <br />further right <br />June 30, 1995, <br />Agreement. <br /> <br /> 7. <br /> <br /> Kaiser represents that it presently has rights to <br />cross, and for Kaiser Traffic to cross, the railroad tracks at the <br />entrance to the Kaiser plant (referred to herein as "Crossing Rights"2 <br />Kaiser, to the maximum extent it is able to do so, grants to Lone <br />Star for its benefit, and for the benefit of Lone Star Traffic, the <br />same rights in Kaiser's Crossing Rights as Kaiser has. Kaiser <br />agrees and covenants that it shall not compromise, forfeit, or <br />otherwise take any action with respect to its Crossing Rights which <br />would interfere with the use and/or enjoyment of such Crossing <br />Rights which Lone Star and Lone Star Traffic would have but for <br />such compromise, forfeiture, or other action by Kaiser; provided, <br />however, that Kaiser may at its option forfeit its Crossing Rights <br />if a substantially equivalent crossing in terms of safety and <br />economic impact on Lone Star Traffic becomes available. In the <br />event Lone Star Traffic is not permitted to cross the railroad <br />tracks at the entrance to the Kaiser plant, and in the further <br />event that no substantially equivalent crossing, in terms of <br />safety and economic impact on Lone Star Traffic, is available for <br />access by Lone Star Traffic to the E1 Charro Route, it being under- <br />st<)od and agreed th~h City's proposed Va!]ey Avenue crossing <br />(substdntially as set forth in the attached Exhibit C, which by this <br />reference is incorporated herein), once effected, is a substantially <br /> <br /> -12- <br /> <br /> <br />