By BNSF Sample Clauses

By BNSF. ODOT acknowledges that BNSF, at BNSF’s sole cost and expense, may desire to expand or relocate portions of the Project Work (“Project Work Relocation”) at an undetermined point in the future. If BNSF should desire at any point to move forward with the Project Work Relocation, BNSF shall submit construction plans for such Project Work Relocation to ODOT for approval, and ODOT hereby agrees to reasonably cooperate in good faith with BNSF in order to reach approval of such plans. BNSF covenants and agrees to accomplish such Project Work Relocation with minimal interference to XXXX's use and occupancy of the Joint Use Property for the 23rd Street Structures and other uses contemplated under this Agreement. Other than maintenance and repair of the Project and activities performed in connection with the Project Work Relocation, BNSF covenants and agrees, on behalf of itself, its successors and assigns, not to construct any additional structures or grant any additional uses within the Joint Use Property that will interfere with the uses of the Joint Use Property by ODOT for the 23rd Street Structures.
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