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Tracking #25W-24305/BF-20565661 <br /> - 15 - Form 424; Rev. 20200605 <br /> <br />33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements <br />of Licensee herein contained shall be the joint and several covenants and agreements of such parties. <br /> <br />34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair <br />the right of Licensor to enforce that provision for any subsequent breach thereof. <br /> <br />35. Interpretation. <br /> <br />35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any <br />party based upon the source of the draftsmanship; both parties hereby agree that this License <br />shall not be subject to the principle that a contract would be construed against the party which <br />drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if <br />any) are inserted for convenience of reference only and are not intended to be a part or to affect <br />the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed <br />with and as an integral part of this License to the same extent as if they were set forth verbatim <br />herein. <br /> <br />35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without <br />limitation" whether or not they are in fact followed by such words or words of like import; "writing", <br />"written" and comparable terms refer to printing, typing, lithography and other means of <br />reproducing words in a visible form; references to any person are also to that person's successors <br />and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety <br />hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; <br />references to any gender include references to the masculine or feminine as the context requires; <br />references to the plural include the singular and vice versa; and references to this License or <br />other documents are as amended, modified or supplemented from time to time. <br /> <br /> <br />36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all <br />purposes, be deemed an original but which together shall constitute one and the same instrument, and <br />the signature pages from any counterpart may be appended to any other counterpart to assemble fully <br />executed documents, and counterparts of this License may also be exchanged electronically and any <br />electronic version of any party's signature shall be deemed to be an original signature for all purposes. <br /> <br />37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF <br />Railway Company. <br /> <br /> <br /> <br />END OF PAGE – SIGNATURE PAGE FOLLOWS