Rail Cars. All rail cars for Distiller’s Grains shall be grain xxxxxx cars. HR agrees that such cars for Distiller’s Grains shall be loaded to full visible capacity at the Plant. If not loaded to full visible capacity at the Plant, HR shall pay in full the portion of freight charges allocable to the unused capacity of the car.
Rail Cars. Owned or leased general purpose and coiled and insulated rail cars. PBF Holding Company LLC
Rail Cars. (a) Seller agrees to transfer or cause its Affiliates to transfer to Buyer up to the number and types of railcars listed in Schedule 6.13(a). These railcars are leased by Seller and/or its Affiliates pursuant to various railcar leases and agreements with respect thereto (“Rail Car Agreements”). Seller has provided to Buyer copies of the applicable Rail Car Agreements, along with the lease rates and other fees that the counterparty of each Rail Car Agreement is currently charging Seller or its applicable Affiliates for the railcars that are the subject of the Rail Car Agreements (the “Lease Rates”). Seller and Buyer further agree to the terms set forth in Exhibit G and Schedule 6.13(c).
(b) Beginning promptly after Closing, Seller will coordinate with Buyer to schedule railcars from Seller’s or its Affiliates’ fleet into the Ethanol Plant as needed in the ordinary course of business, and as such cars come into the Ethanol Plant they will be identified by Buyer as railcars to be assigned or subleased to Buyer (“Qualifying Rail Cars”), until such time as all Qualifying Rail Cars have been identified. Only railcars that are in serviceable condition when they arrive at the Ethanol Plant will be used as Qualifying Rail Cars. Seller and Buyer shall negotiate terms of an inspection program for the Qualifying Rail Cars such that a baseline condition for each car is documented and Buyer is not liable for any damage or mechanical failure conditions that existed prior to Closing. As Qualifying Rail Cars are identified, Seller or its appropriate Affiliates and Buyer shall deliver to the counterparty of each Rail Car Agreement covering such Qualifying Rail Cars a letter: (i) requesting the assignment of the Rail Car Agreement covering such Qualifying Rail Cars from Seller or its respective Affiliate to Buyer, or (ii) requesting the release of such Qualifying Rail Cars under the applicable Rail Car Agreement, and the further lease by such counterparty to Buyer of such Qualifying Rail Cars. Once a Qualifying Rail Car becomes fully assigned to the Buyer, it will become a “Buyer Rail 30 Car”. Should the counterparty of any Rail Car Agreement refuse to consent to the assignment of Qualifying Railcars to Buyer, Seller will use reasonable efforts to provide substitute Qualifying Rail Cars. In no event shall Buyer or Seller be obligated to include Rail Cars for which the counterparty to the Rail Car Agreement seeks to modify the original terms so as to negatively impact either...
Rail Cars. All rail cars for Ethanol shall be the largest allowable tank cars as determined by UBEF. With respect to Ethanol, all such cars shall meet all applicable Department of Transportation and Federal Railroad Administration specifications for shipping ethanol. EKAE agrees that such tank cars for Ethanol shall be loaded to full visible capacity at the Plant. If not loaded to full visible capacity, EKAE shall pay in full the portion of freight charges allocable to the unused capacity of the car.
Rail Cars. Except as otherwise consented to by EKAE, all rail cars for Raw Grains shall be grain xxxxxx cars.
Rail Cars. Each rail car in which Shell ships Product during the period of this contract shall be deemed in the possession and care of the Buyer when such car is delivered to Buyer's siding at Anacortes by the delivering railroad. With respect to any rail cars used by Shell delivering Product to the Buyer's destination: Buyer shall mail bills of lading for empty tank cars to Shell immediately upon unloading, shall pay all the railroad carrier's demurrage and miscellaneous charges, and shall pay Shell the detention charges for delays in unloading for each full or fractional calendar day during which any car remains in the Buyer's possession beyond the free time specified below: CAR CAPACITY FREE TIME DAILY RATE 30,000 5 DAYS $50.00
Rail Cars. During the term of the Company’s operations under this Agreement, the Trading Member will continue to sublease to the Company rail cars under the subleases identified on Exhibit B, which exhibit may be amended, from time to time by unanimous action of the Board. Each such sublease, including the rent payments thereunder, shall be deemed Member Transactions for purposes of this Agreement.
Rail Cars. All rail cars for Distiller’s Grains shall be grain hxxxxx cars. AE agrees that such cars for Distiller’s Grains shall be loaded to full visible capacity at the Plant. If not loaded to full visible capacity, AE shall pay in full the portion of freight charges allocable to the unused capacity of the car. It is agreed and understood that all railcars, when not loaded to full visible capacity, shall be defined as having a light weight.
Rail Cars. All of Landlord’s and Tenant’s obligations under this Section 9(2) shall be conditioned upon CSX and Landlord entering into the Sidetrack Agreement and Landlord and Tenant agreeing upon an allocations of the costs to repair and restore the existing rails on the Sidetrack as described in Section 9(1)(a). Landlord agrees to provide to Tenant access to the Sidetrack on a 24-hour - 7 day a week basis, provided that Landlord’s obligations hereunder are conditioned upon CSX entering into the Sidetrack Agreement. All scheduling of Tenant’s rail cars shall be handled by Tenant. Tenant will (i) notify CSX and Landlord that it is ready to take delivery of Tenant’s rail cars, and (ii) cooperate with Landlord to insure that Landlord and other tenants on Landlord’s Property have access to the Sidetrack on a 24 hour – 7 day a week basis for purposes of loading and unloading rail cars (subject to the requirement that Landlord and the other tenants use the Sidetrack in a commercially reasonable manner and cooperate with Tenant to ensure that Tenant’s business is not unreasonably disrupted). All activities of Tenant on the Sidetrack shall at all times be in compliance with the terms and conditions of the Sidetrack Agreement, and applicable federal, state and local laws, ordinances and regulations. To the extent rail cars or locomotives are used exclusively by Tenant, Tenant shall directly pay for or, if paid by Landlord, reimburse Landlord as Additional Rent promptly for, any charges (including but not limited to fuel and maintenance expenses) assessed by any railroad serving Landlord’s Property against rail cars or locomotives used by Tenant, whether invoiced directly to the Tenant or invoiced to Landlord. Notwithstanding the foregoing sentence, Tenant shall not xxxx out Tenant’s rail cars or locomotives with Landlord as the consignee, and Customer shall use its reasonable efforts to ensure that the railroad does not in any way list Landlord as the consignee or otherwise as a responsible party for such rail cars.
Rail Cars. BSP I currently leases rail cars under a fifteen (15) year lease, which lease terminates in 2011, and thereafter shall lease or purchase, as it deems appropriate, its rail cars. BSP II shall purchase or lease rail cars, as it deems appropriate. The BSP I rail cars shall be BSP I Joint Facilities and the BSP II rail cars shall be BSP II Joint Facilities. Each Group’s rail cars shall be used principally for the benefit of the Group that owns or leases the rail cars, but the Operator may use any of the rail cars for both Plants if it determines such use is efficient. For rail cars of one Plant being used by the other, a usage fee for rail cars shall be determined by the Operator at the end of each calendar year based on the actual usage of the rail cars by BSP I and BSP II and the actual costs associated with the same. Each Plant will bear its own costs for leasing, operating or maintaining its rail cars.
