Clearing Obstructions Derailments and Wrecks Sample Clauses

Clearing Obstructions Derailments and Wrecks. Railway shall as soon as practicable and in compliance with applicable law clear any obstructions, derailments, and wrecks of railroad equipment on Railroad Facilities. In the event that such obstruction, derailment or wreck is caused by a third party other than Railway or VCTC or their contractors, Railway may, on behalf of itself and VCTC, seek recovery of the costs of removal of said obstructions, derailments, or wrecks from the third-party. To the extent that any such obstruction, derailment, or wreck damages the SPBL, Property, or Railroad Facilities, Railway shall as soon as practicable restore the Property to the condition it was in prior to the obstruction, derailment, or wreck. In the event Railway fails to clear obstructions, derailments, or wrecks within a reasonable amount of time, VCTC has the right but not the obligation to correct or cause the correction of the issue, after no less than 10 days’ written notice to Railway (except in an emergency, whereupon no notice is required). If Railway does not correct the issue within the 10 days, VCTC may correct the deficiency and xxxx the Railway for the reasonable and actual cost of such correction and the Railway shall pay such cost within 30 days. Nothing in this section is intended to preclude legal action by Railway or VCTC against any third party causing such obstruction, derailment, or wreck. In the event any such obstruction, derailment or wreck of railroad equipment on Railroad Facilities is caused by VCTC or its contractor the actual reasonable costs of removal of said obstruction, derailment, or wreck shall be payable by VCTC to Railway.
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