Clearing of Wrecks Sample Clauses

Clearing of Wrecks. Whenever Recipient’s use of the Panhandle Rail Line requires rerailing, wrecking service, or wrecking train service, C&OR shall perform such service, including the repair and restoration of roadbed, track and structures unless separate arrangements are agreed to by C&OR. The cost, and expense thereof, including without limitation loss of, damage to, and destruction of any property whatsoever and injury to or death of any person or persons whomsoever resulting therefrom, shall be borne by Recipient in accordance with Section 7 thereof.
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Clearing of Wrecks. Whenever AAF’s or FECR’s use of the Shared Infrastructure requires rerailing, wrecking service or wrecking train service, FECR shall arrange for the provision of such service, including the repair and restoration of the Shared Infrastructure. The cost, liability and expense of any event giving rise to the foregoing, including without limitation loss of, damage to, or destruction of any property whatsoever and injury to and death of any person or persons whomsoever or any damage to or destruction of the environment whatsoever, including without limitation land, air, water, wildlife, and vegetation, resulting therefrom shall be apportioned in accordance with the provisions of Section 7 hereof. All locomotives, rail cars, rail equipment and salvage from the same so picked up and removed which is owned by or under the management and control of or used by AAF at the time of such wreck, shall be promptly returned and delivered by FECR to AAF. AAF trains for which FECR provides rerailing, wrecking service or wrecking train service pursuant to this Section 3.12 shall at all times remain AAF trains for purposes of Section 7 of this Agreement.
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Clearing of Wrecks. Whenever AAF’s or FECR’s use of the Shared Infrastructure requires rerailing, wrecking service or wrecking train service, FECR shall arrange for the provision of such service, including the repair and restoration of the Shared Infrastructure. The cost, liability and expense of any event giving rise to the foregoing, including without limitation loss of, damage to, or destruction of any property whatsoever and injury to and death of any person or persons whomsoever or any damage to or destruction of the environment whatsoever, including without limitation land, air, water, wildlife, and vegetation, resulting therefrom shall be apportioned in accordance with the provisions of Section 7 of the Joint Use Agreement.
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Clearing of Wrecks. Whenever TPO's use of the Interchange Track(s) requires rerailing, wrecking service or wrecking train service, BNSF shall perform such service as BNSF deems appropriate, including the repair and restoration of roadbed, track and structures. The cost and expense thereof, including without limitation loss of, damage to and destruction of any property whatsoever and injury to or death of any person or persons whomsoever resulting therefrom, shall be apportioned in accordance with the provisions of Section 7 hereof. All locomotives, cars and cabooses and salvage from the same so picked up and removed which are owned by or under the management and control of or used by TPO at the time of such wreck shall be promptly picked up by TPO or delivered to TPO and all cost and expense therefor shall be in accordance with the provisions of Section 7 hereof.
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Clearing of Wrecks. 10.1 During the Transition Period, if by reason of any mechanical failure, accident, derailment or any other cause, a train or locomotive becomes stalled and unable to proceed under its own power on Segment 1, or if in emergencies crippled or otherwise defective cars are separated from their trains while on Segment 1, CSXT promptly shall furnish motive power or such other assistance as may be necessary to haul, help or push such trains, locomotives or cars, or to properly move the disabled equipment off Segment 1. DRPT shall reimburse CSXT for direct costs incurred in rendering any such assistance with respect to Amtrak or VRE trains (but not CSXT trains or the trains of any party admitted to Segment 1 by CSXT).
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Clearing of Wrecks. ‌ SCRRA will clear, or will arrange for clearing, wrecks which occur on the RPRSA. SCRRA and Omnitrans shall identify segregate their costs of providing such assistance and provide them to SBCTA for SBCTA’s efforts to obtain reimbursement from the Tenant Railroad for such expenses. The respective rights and obligations of the Tenant Railroad and SBCTA shall be governed by the terms and conditions of agreements, if any, between SBCTA and that railroad. For any Tenant Railroad agreement that involves use of the Service Property entered into or amended following the Effective Date, SCRRA shall require the Tenant Railroad to provide for indemnification of SBCTA and Omnitrans, and shall include SBCTA and Omnitrans as an additional insured under such Tenant Railroad agreement, to the extent the same is provided to SCRRA. As used in this section, the term Tenant Railroad does not include Omnitrans.
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Related to Clearing of Wrecks

  • Clearing Account If the Servicer finds it necessary to use a clearing account, the following guidelines must be followed:

  • Foreign Subcustodians and Securities Depositories Unless instructed otherwise by the Fund, the Custodian may deposit and/or maintain non-U.S. Investments of the Fund in any non-U.S. Securities Depository provided such Securities Depository meets the requirements of an "eligible securities depository" under Rule 17f-7 promulgated under the 1940 Act, or any successor rule or regulation ("Rule 17f-7") or which by order of the Securities and Exchange Commission is exempted therefrom. Prior to the time that securities are placed with such depository, but subject to the provisions of Section 8.2.4 below, the Custodian shall have prepared an assessment of the custody risks associated with maintaining assets with the Securities Depository and shall have established a system to monitor such risks on a continuing basis in accordance with Subsection 8.2.3 of this Section and Rule 17f-7. Additionally, the Custodian may, at any time and from time to time, appoint (a) any bank, trust company or other entity meeting the requirements of an "eligible foreign custodian" under Rule 17f-5 or which by order of the Securities and Exchange Commission is exempted therefrom, or (b) any bank as defined in Section 2(a)(5) of the 1940 Act meeting the requirements of a custodian under Section 17(f) of the 1940 Act and the rules and regulations thereunder, to act on behalf of the Fund as a Subcustodian for purposes of holding Investments of the Fund outside the United States. Such appointment of foreign Subcustodians shall be subject to approval of the Fund or the Foreign Custody Manager in accordance with Subsections 8.2.1 and 8.2.2 hereof, and use of non-U.S. Securities Depositories shall be subject to the terms of Subsections 8.2.3 and 8.2.4 hereof. An Instruction to open an account in a given country shall comprise authorization of the Custodian to hold assets in such country in accordance with the terms of this Agreement. The Custodian shall not be required to make independent inquiry as to the authorization of the Fund to invest in such country.

  • Subcustodians and Securities Depositories Add the following language to the end of Section 3: The terms Subcustodian and securities depositories as used in this Agreement shall mean a branch of a qualified U.S. bank, an eligible foreign custodian or an eligible foreign securities depository, which are further defined as follows:

  • Domestic Subcustodians and Securities Depositories The Custodian may deposit and/or maintain, either directly or through one or more agents appointed by the Custodian, Investments of the Fund in any Securities Depository in the United States, including The Depository Trust Company, provided such Depository meets applicable requirements of the Federal Reserve Bank or of the Securities and Exchange Commission. The Custodian may, at any time and from time to time, appoint any bank as defined in Section 2(a)(5) of the 1940 Act meeting the requirements of a custodian under Section 17(f) of the 1940 Act and the rules and regulations thereunder, to act on behalf of the Fund as a Subcustodian for purposes of holding Investments of the Fund in the United States.

  • Foreign Securities Depositories Except as may otherwise be agreed upon in writing by the Custodian and the Fund, foreign assets of the Fund shall be maintained in foreign securities depositories only through arrangements implemented by the banking institutions serving as sub- custodians pursuant to the terms hereof. 3.4

  • Depository Depository shall mean The Depository Trust Company ("DTC"), a clearing agency registered with the Securities and Exchange Commission under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), its successor or successors and its nominee or nominees. The term "Depository" shall further mean and include any other person authorized to act as a depository under the 1940 Act, its successor or successors and its nominee or nominees, specifically identified in a certified copy of a resolution of the Board.

  • Notices to Clearing Agency Whenever a notice or other communication to the Noteholders is required under this Indenture, unless and until Definitive Notes shall have been issued to such Note Owners pursuant to Section 2.13, the Indenture Trustee shall give all such notices and communications specified herein to be given to Holders of the Notes to the Clearing Agency, and shall have no obligation to such Note Owners.

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