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Tracking#15-52141 <br /> subject to the principle that a contract would be construed against the party which drafted the same. <br /> Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for <br /> convenience of reference only and are not intended to be a part or to affect the meaning or <br /> interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an <br /> integral part of this License to the same extent as if they were set forth verbatim herein. <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 reproducing <br /> words in a visible form; references to any person are also to that person's successors and permitted <br /> assigns; "hereof", "herein", "hereunder"and comparable terms refer to the entirety hereof and not to <br /> any particular article, section, or other subdivision hereof or attachment hereto; references to any <br /> gender include references to the masculine or feminine as the context requires; references to the <br /> plural include the singular and vice versa; and references to this License or other documents are as <br /> amended, modified or supplemented from time to time. <br /> 36. Counterparts. This License may be executed in multiple counterparts,each of which shall,for all purposes, <br /> be deemed an original but which together shall constitute one and the same instrument, and the signature <br /> pages from any counterpart may be appended to any other counterpart to assemble fully executed <br /> documents, and counterparts of this License may also be exchanged via email or electronic facsimile <br /> machines and any email or electronic facsimile of any party's signature shall be deemed to be an original <br /> signature for all purposes. <br /> 37, Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway <br /> Company. <br /> END OF PAGE SIGNATURE PAGE FOLLOWS <br /> Fomi 424;Rev.201400801 <br /> -13- <br />