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Form Approved <br /> by VP Law Z 02-24551 <br /> 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way <br /> impair the right of Licensor to enforce that provision for any subsequent breach thereof. <br /> IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the <br /> parties hereto as of the day and year first above written. <br /> THE BURLINGTON NORTHERN AND SANTA FE RAILWAY <br /> COMPANY <br /> By: Staubach Global Services-RR, Inc. <br /> Its Attorney in Fact <br /> 5650 Riverside Drive, Suite 101 <br /> Fort Worth, Texas 76137 <br /> By: <br /> Mike Ewing, Director of Permits and Leases <br /> CITY OF EVERETT <br /> Everett Public Works <br /> 3200 Cedar Street <br /> Everett, Washington 98201 <br /> By: o- <br /> Title: <br /> 7 15 of 15 Form 424;Rev11/19/02 <br />