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ri$rt of action for damage, or otherwise, that the Railroad Com­pany may have against the Licensee* Section 9. WAIVER OF BREACH. The waiver hy the Railroad Company of the breach of ahy condition, covenant 01* agreement herein contained to he kept, observed and performed by the License® shall in no way impair the right of the Railroad Company to avail itself of any subsequent breach thereof. Section 10. AGREEMENT ROT TO BE ASSIGNED. The Licensee shall not assign this agreement without the written consent of the Railroad Company; provided, however, that such consent shall not be unreasonably withheld* Section 11. EFFECTIVE BATE--TERM. This agreement shall take effect as of the date first her^.nabdve> written and shall continue in full force and effect, I 0 ' • -j {*• i ' | 1 . ' unless terminated as herein provided* Section 12. SOBORBIKATION. This agreement is subject and subordinate to the prior and continuing right and obligation of the Railroad Company and its successors to use and maintain its entire railroad right of way and property in performance of its duty as a common carrier, and is also subject to the right and power of the Railroad Company and its successors in interest or ownership of the said railroad ri$xt of way and property, to construct, maintain, use and operate on the present grade, or such grad© as it may establish in the future, extending or additional railroad tracks and appurtenances - 6- $