Common Use of Railcars Sample Clauses

Common Use of Railcars. The Parties intend that, subject to any necessary consents or approvals that may be required to be obtained, as soon as is reasonably practicable after the Effective Date DE Progress will assign all Use Agreements for railcars to DE Carolinas for the purposes of common management and use of the railcar fleet consistent with the provisions of Section 2.2 hereof. Notwithstanding the foregoing, if any Use Agreement is not assigned from DE Progress to DE Carolinas but the railcars that are subject thereto are suitable for use by both Operating Companies then Managing Company will nonetheless manage the scheduling and use of such cars for both Operating Companies as if such Use Agreement had been assigned to DE Carolinas; provided, however, DE Progress will remain responsible for all payments to the applicable lessor pursuant to any Use Agreement not assigned. Furthermore, Managing Company will manage the scheduling and use of any railcars that are owned (not rented or leased) by each of DE Carolinas and DE Progress in the Common Fleet unless otherwise mutually agreed between the Operating Companies and any such railcars may be used for the transportation needs of either DE Carolinas or DE Progress, without regard to the actual ownership thereof.
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Related to Common Use of Railcars

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