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(5) Crossing improvements Shall be program, ned and made in the <br /> order as set forth on l':xhibit C attached hereto and made a part hereof. Such <br /> program, it is understood, is dependent upon such factors as availability of <br /> materials and manpower as well as weather conditions, it being understood <br /> that crossing improvements are not ordinarily undertaken in winter. Subject <br /> to the foregoing~ Railway will use its best efforts to commence work within <br /> thirty (30) days after required materials become available and will attempt <br /> to meet the schedule for improvements. <br /> <br /> (6) In case any action, involving any work covered by this Agree- <br />ment, is brought by or against either party hereto, said party shall promptly <br />notify the other party hereto. <br /> <br /> (7) The City estimates that the total cost of materials for this <br />project is $150,200.00 and certifies that the necessary funds have been <br />duly authorized and haw~ heen set aside for payment as evidenced in <br /> <br />Exhibit D, attached hereto and made a part hereof, and that such funds will <br />not be withdrawn or otherwise dissipated other than in conformity with this <br />agreement. <br /> <br />CITY OF LAKEWOOD, 01110 <br /> <br />NORFOLK AND WESTERN RAILWAY COMPANY <br /> <br />By. <br /> <br /> <br />