MBTA License Agreement - Lexington Branch Segment (Bikeway/Bikepath)

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MASSACHUSETTS, BAY TRANSPORTATION AUTHORITY ..LICENSE AGREEMENT - LEXINGTON BRANCH SEGMENT TOWN OF LEXINGTON i Parties/ Premis es Subject to prior authorization from appropriate regulatory authority to remove the rail, ties and track appurtenances of a railroad now or formerly subject to . the provisions of the Interstate Commerce Act (49 USC , Section 10101 et. seq.) , and subject to the rights of the Commonwealth of Massachusetts., acting by its Metropolitan District Commission in the maintenance of a relief sewer on or about the line segment, MASSACHUS.ETTS BAY TRANSPORTATION AUTHORITY, a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, with a usual place of business at Ten Park Plaza, Boston, Massachusetts 02116 ("MBTA"), does hereby agree to license the TOWN OF LEXINGTON, a Town established under Massachusetts law with a mailing address at Town. Hall, Lexington, MA 02173 ("Lexington") and Lexington hereby agrees to accept such license, subject to the terms and conditions hereof, in the right and privilege to use a segment in Lexington of the line of railroad of MBTA known as the Lexington Branch, approximately 5.2 5 miles in length, extending between Milepost 8.32 at the Arlington /Lexington boundary line and Milepost 13.71 at the Lexington /Bedford boundary line (the 1 ine segment) . 2. Term The foregoing license shall commence upon a date stated in a notice not less than thirty (30) days and not more than sixty (60) days from the date of such notice stating that the prior authorization described hereinabove has been received , but sub i ect to the prior approval by MBTA of construction within the premises as hereinafter described, and shall continue unless and until MBTA shall give notice to Lexington that i t intends and elects to terminate the within license on a date stated in such notice sixty (60) or more days from the date of such notice on the grounds that the line segment is required by MBTA for mass transit extension or that regulations or orders of appropriate