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Form Approved 02-24485 <br /> By VP Law <br /> MISCELLANEOUS <br /> 36. In the event that Licensee consists of two or more parties, all the covenants and <br /> agreements of Licensee herein contained shall be the joint and several covenants and <br /> agreements of such parties. <br /> 37. 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 /> P.O. Box 961050 <br /> Fort Worth, TX 76161-0050 <br /> By: <br /> Title: <br /> CITY OF EVERETT, WASHINGTON <br /> 3200 Cedar Street <br /> Everett. WA 98201 <br /> By: <br /> Title: <br /> 13 of 13 Form-123: P,evlpil,-oz <br />