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(3) Railway shall furnish City itemized invoices 'for the <br />said materials which invoices shall be paid by City within sixty (60) <br />days of receipt of the same. Such invoices may be submitted by <br />Railway as materials are secured. <br /> <br /> (4) City shall cooperate with Railway by permitting temporary <br />closings of crossings during construction work. Any detour signs <br />shall be the responsibility of the City. <br /> <br /> (5) Crossing improvements shall be programmed and made in <br />the order as set f6rth on Exhibit C attached hereto and made a part <br />hereof. Such program, it is understood, is dependent upon such factors <br />as availability of materials and manpower as well as weather condi- <br />tions, it being understood that crossing improvements are not ordinar- <br />ily undertaken in winter. Subject to the foregoing, RailWay will use <br />its best efforts to commence work within thirty (30) days after <br />required materials become available and will attempt to meet the <br />schedule for improvements. <br /> <br /> (6) In case any action, involving any work covered by this <br />Agreement is brought by or against either party hereto, said party <br />shall promptly notify the other party hereto. <br /> <br /> (7) The City will appropriate the total cost of the program <br />on an annual basis. The City will notify the Railway of such action as <br />appropriations are officially made. <br /> <br />tions. <br /> <br />(8) Railway shall purchase all materials to their specifica- <br /> <br />CITY OF LAKEWOOD, OHIO <br /> <br />BY <br /> <br />Robert H. Kleinweber <br /> <br />Director of Public Works <br /> <br />NORFOLK AND WESTERN RAILWAY <br /> <br />BY: <br /> <br /> <br />