Common use of MAINTENANCE, MODIFICATIONS AND IMPROVEMENTS Clause in Contracts

MAINTENANCE, MODIFICATIONS AND IMPROVEMENTS. SECTION 6.1 During the term of this Lease, LESSEE shall: 6.1.1. Maintain the Leased Premises in compliance with all state and federal statues, rules and regulations and except for track that is classified as excepted track pursuant to 49 C.F.R. Section 213.9 (“Excepted Track”) on the Effective Date, maintain the track on Leased Premises to at least Class I standards, as defined by the Federal Railroad Administration (“FRA”) and capable of operating speeds of at least 10 miles an hour, at LESSEE’s own cost and expense and to a standard that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon, provided that if on the Effective Date the condition of any portion of the Leased Premises is better than Class I standards, that portion of the Leased Premises shall be maintained at no worse condition than exists on the Effective Date. 6.1.2. Maintain Excepted Track on the Leased Premises in a condition that operations can be safely conducted over it at the speed specified in the timetable or track bulletins as of the Effective Date and that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon. 6.1.3. LESSEE shall protect the Leased Premises against all encroachments or unauthorized uses.

MAINTENANCE, MODIFICATIONS AND IMPROVEMENTS. SECTION 6.1 During the term of this Lease, LESSEE shall: 6.1.1. Maintain the Leased Premises in compliance with all state and federal statues, rules and regulations and except for track that is classified as excepted track pursuant to 49 C.F.R. Section 213.9 (“Excepted Track”) on the Effective Date, maintain the track on Leased Premises to at least Class I standards, as defined by the Federal Railroad Administration (“FRA”) and capable of operating speeds of at least 10 miles an hour, at LESSEE’s own cost and expense and to a standard that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon, provided that if on the Effective Date the condition of any portion of the Leased Premises is better than Class I standards, that portion of the Leased Premises shall be maintained at no worse condition than exists on the Effective Date. 6.1.2. Maintain Excepted Track on the Leased Premises in a condition that operations can be safely conducted over it at the speed specified in the timetable or track bulletins as of the Effective Date and that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon. 6.1.3. LESSEE shall protect the Leased Premises against all encroachments or unauthorized uses. LESSEE will within one hundred eighty (180) days from the Effective Date, construct at its own expense interchange tracks and other connections or tracks (wyes, turnouts, etc., including but not limited to building two seventy five (75) car interchange tracks with yard air in the vicinity of Columbus, Ms., pursuant to the terms and conditions of the Capital Improvement Agreement executed contemporaneously with this agreement.

MAINTENANCE, MODIFICATIONS AND IMPROVEMENTS. SECTION 6.1 During the term of this Lease, LESSEE shall: 6.1.1. Maintain the Leased Premises in compliance with all state and federal statues, rules and regulations and except for track that is classified as excepted track pursuant to 49 C.F.R. Section 213.9 (“Excepted Track”) on the Effective Date, maintain the track on Leased Premises to at least Class I standards, as defined by the Federal Railroad Administration (“FRA”) and capable of operating speeds of at least 10 miles an hour, at LESSEE’s own cost and expense and to a standard that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon, provided that if on the Effective Date the condition of any portion of the Leased Premises is better than Class I standards, that portion of the Leased Premises shall be maintained at no worse condition than exists on the Effective Date. 6.1.2. Maintain Excepted Track on the Leased Premises in a condition that operations can be safely conducted over it at the speed specified in the timetable or track bulletins as of the Effective Date and that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon. 6.1.3. LESSEE shall protect the Leased Premises against all encroachments or unauthorized uses. LESSEE will within one hundred eighty (180) days from the 6.1.4. Effective Date, construct at its own expense interchange tracks and other connections or tracks (wyes, turnouts, etc., including but not limited to building a north to west wye connection at Sibley, LA, and two sixty (60) car interchange tracks with yard air in the vicinity of Sibley, pursuant to the terms and conditions of the Capital Improvement Agreement executed contemporaneously with this agreement.

MAINTENANCE, MODIFICATIONS AND IMPROVEMENTS. SECTION 6.1 During the term of this Lease, LESSEE shall: 6.1.1. Maintain the Leased Premises in compliance with all state and federal statues, rules and regulations and except for track that is classified as excepted track pursuant to 49 C.F.R. Section 213.9 (“Excepted Track”) on the Effective Date, maintain the track on Leased Premises to at least Class I standards, as defined by the Federal Railroad Administration (“FRA”) and capable of operating speeds of at least 10 miles an hour, at LESSEE’s own cost and expense and to a standard that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon, provided that if on the Effective Date the condition of any portion of the Leased Premises is better than Class I standards, that portion of the Leased Premises shall be maintained at no worse condition than exists on the Effective Date. 6.1.2. Maintain Excepted Track on the Leased Premises in a condition that operations can be safely conducted over it at the speed specified in the timetable or track bulletins as of the Effective Date and that is sufficient to continue rail freight service commensurate with the needs of the rail users located thereon. 6.1.3. LESSEE shall protect the Leased Premises against all encroachments or unauthorized uses. LESSEE will within one hundred eighty (180) days from the Effective Date, construct at its own expense interchange tracks and other connections or tracks (wyes, turnouts, etc., including but not limited to building two sixty (60) car interchange tracks with yard air in the vicinity of Gibsland, LA, and two sixty (50) car interchange tracks with yard air in the vicinity of Pineville, La., pursuant to the terms and conditions of the Capital Improvement Agreement executed contemporaneously with this agreement.