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<br />e <br /> <br />e <br /> <br />-3- <br />part, the Railroad Tracks in the Easement as it deems necessary, in <br />its sole discretion, from time to time. Grantee's use of the <br />Easement shall be (i) in compliance with all applicable federal, <br />state or local laws and regulations and (ii) in a manner which will <br />not unreasonably and materially interfere with the conduct of <br />Grantor's business on the Property. <br />4. All costs of installing, contracting, using, maintaining, <br />repairing or replacing the Railroad Tracks shall be borne by <br />Grantee, except as described in the following paragraph. <br />5. (a) Grantee's proposed track alignment, profile and cross <br />sections are as shown on a drawing by Jesse I. Casbeer, Jr. P.E., <br />attached hereto as Exhibit nCn and made a part hereof. <br />Notwithstanding anything contained in paragraph 2 to the contrary, <br />Grantor reserves the right and easement, for itself, its successors <br />or assigns, to utilize that portion of the trackage within the <br />Easement outlined in red on Exhibit nCn (the "Common Use Tracks"), <br />which use of said Common Use Trackage by Grantor, its successors or <br />assigns, shall be in common with the use thereof by Grantee. The <br />contemplated common usage of the Common Use Trackage by Grantor, its <br />successors or assigns, shall be in conjunction with the construction <br />and operation by Grantor, its successors or assigns, of a lead tract <br />(the "Future Lead Track") as shown on Exhibit "c" outlined in <br />yellow. Upon written notice by Grantor, its successors or assigns, <br />to Grantee, its succesSors or assigns, of its contemplated <br />construction and operation of the "Future Lead Track", Grantee <br />agrees to cooperate with Grantor in securing the consent of Southern <br />Pacific Transportation Company, its successors or assigns, to <br />