SIGNAL MAINTENANCE COSTS. A. Effective as of the Effective Date of this Agreement, the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railraod the sum of Eight Thousand Six Hundred Seventy Dollars ($8,670.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the railroad crossing warning signals that are to be installed by the Railroad at the Crossing Area.
B. The above annual fee is based on the number of current signal units at the Crossing Area. Effective on the first anniversary of this Agreement and on the anniversary date of each subsequent one year period, the annual fee will be increased at a rate based on the American Association of Railroad’s (AAR) signal unit cost index. Such changes in the maintenance fee may be made by the Railroad by means of automatic adjustment in billing. The signal unit base for the annual fee may be re- determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual rental was last determined or established. Such changes in the maintenance fee may be made by means of automatic adjustment in billing.
SIGNAL MAINTENANCE COSTS. The Political Body agrees to reimburse the Railroad the cost of future maintenance of the grade crossing protection devices within thirty (30) days after the Political Body’s receipt of any invoices from the Railroad.
SIGNAL MAINTENANCE COSTS. Railroad shall maintain, in compliance with applicable laws or regulations as determined by the Railroad, the crossing signals as long as they remain in place. Cost of maintaining said signals shall be apportioned between the parties hereto in accordance with Sections 1202.2 and 1231.1 of the California Public Utilities Code. The precise manner and method of determining applicable charges, manner and method of payment and other procedures under said sections shall be governed by the statutes as supplemented by any applicable decisions of the statutes in the California Public Utilities Commission.
SIGNAL MAINTENANCE COSTS
