Additional Rules on Management and Operation of Subject Trackage Sample Clauses

Additional Rules on Management and Operation of Subject Trackage. (a) Subject Trackage Owner shall employ all persons necessary to construct, operate, maintain, repair, and renew the Subject Trackage. Subject Trackage Owner shall be bound to use only reasonable and customary care, skill, and diligence in the construction, operation, maintenance, repair, and renewal of the Subject Trackage and in managing same. (b) Subject Trackage shall be kept in a state of reasonable repair and reasonably suitable for the combined requirements of the Parties and of such other railroad companies as Subject Trackage Owner has heretofore admitted or may hereafter admit to use of the Subject Trackage and, at least, in the conditions that are necessary for compliance with the Applicable Framework. In the event there are conditions from time to time which require speed restrictions with respect to any location on the tracks comprised in the Subject Trackage, Subject Trackage Owner shall, with reasonable promptness, notify Subject Trackage User of such speed restrictions and repair such conditions so as to permit the removal of such speed restrictions. (c) Subject Trackage User shall not, by reason of Subject Trackage Owner’s performing or failing or neglecting to perform any construction, operation, maintenance, repair, renewal, or management of the Subject Trackage, have or make against Subject Trackage Owner any claim or demand for any loss, damage, destruction, injury, or death whatsoever resulting therefrom. Subject Trackage User shall be given the same advance notice of maintenance plans and schedules as is provided to Subject Trackage Owner’s personnel. (d) All officers, agents, and employees of Subject Trackage Owner engaged in the management, operation, and maintenance of the Subject Trackage shall perform their duties in a fair, impartial, and just manner. (e) Subject Trackage Owner may occasionally substitute tracks for those delineated in this Agreement for use by Subject Trackage User; provided that no such substitution may be made without the consent of Subject Trackage User, which consent will not be unreasonably withheld. When any tracks which are not part of the Subject Trackage are used as provided herein, the Agreement shall govern for purposes of direction and control and liability as if all movement had been made over the Subject Trackage. (f) [****]
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Related to Additional Rules on Management and Operation of Subject Trackage

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  • Application and Operation of Agreement Table Of Contents

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