Project Facility Use Clause Samples
Project Facility Use. (a) A defacto condition of default for failure to use may be declared by Municipality or WisDOT upon occurrence of any one or more of the following events:
(i) Industry renders its loading docks or track side facilities unfit for use for rail service or ceases its operation of its plant.
(ii) Industry files for protection under bankruptcy laws.
(iii) Operator abandons the line haul track and/or industrial lead track to which the Project Facility is connected.
(iv) Operator ceases operation of line haul track and/or industrial lead track serving the Project Facility.
(v) The Project Facility is rendered unfit for railroad freight service by Municipality, Industry, or Operator.
(b) Industry shall provide to ▇▇▇▇▇ not later than January 20th of each year a report of the number of loaded rail cars shipped or received on the Project Facility by Industry. Industry shall arrange for access by ▇▇▇▇▇ or its authorized agent to examine waybill, demurrage, or other appropriate records for purposes of validating reported car counts.
Project Facility Use. (a) A condition of default for failure to use may be declared by WisDOT upon occurrence of any one or more of the following events:
(i) Industry renders its loading docks or track side facilities unfit for use or ceases its operation of its plant.
(ii) Industry files for protection under bankruptcy laws.
(iii) Industry fails to maintain a valid Industry Track Agreement with Operator.
(iv) Operator abandons the line haul track to which the Project Facility is connected.
(v) Operator ceases operation of line haul track serving the Project Facility.
(vi) The Project Facility is rendered unfit for railroad freight service by Municipality, Industry, or Operator.
(b) Municipality shall provide to RHS not later than January 20 of each year a report of the number of loaded railcars shipped and of the number of loaded railcars received on the Project Facility by Industry. Municipality shall arrange for access by RHS or its authorized agent to examine waybill, demurrage, or other appropriate records for purposes of validating reported car counts.