Common use of Rail Detention, etc Clause in Contracts

Rail Detention, etc. For rail Cargo scheduled in a River Update which is proceeding to a terminal loading facility, Tampa Electric agrees to cause a departure notice and estimated arrival time at the terminal loading facility to be given to United within one (1) hour of the departure of a loaded train from a rail origin point (“First Notice”). Tampa Electric agrees to cause a notice of arrival at the nearest city to the terminal loading facility (e.g., Centralia, Illinois for the Xxxx Coal Terminal), and an estimated arrival time at the terminal loading facility to be given to United as promptly as reasonable following the loaded train’s arrival at the nearest city to the terminal (“Second Notice”). United shall be liable for any detention, release and hold charges levied by the railroad on Tampa Electric as the direct result of delayed Constructive Placement of five (5) or more hours after the actual or constructive placement of the train. Should Tampa Electric fail to provide the First Notice and Second Notice, United shall be liable only for such charges levied as the direct result of barge Constructive Placement twenty four (24) hours or more after notice by electronic mail by Tampa Electric of the actual or Constructive Placement of the train. 3.7

Rail Detention, etc. For rail Cargo scheduled in a River Update which is proceeding to a terminal loading facility, Tampa Electric agrees to cause a departure notice and estimated arrival time at the terminal loading facility to be given to United within one (1) hour of the departure of a loaded train from a rail origin point (“First Notice”). Tampa Electric agrees to cause a notice of arrival at the nearest city to the terminal loading facility (e.g., Centralia, Illinois for the Xxxx Coal Terminal), and an estimated arrival time at the terminal loading facility to be given to United as promptly as reasonable following the loaded train’s arrival at the nearest city to the terminal (“Second Notice”). United shall be liable for any detention, release and hold charges levied by the railroad on Tampa Electric as the direct result of delayed Constructive Placement of five (5) or more hours after the actual or constructive placement of the train. Should Tampa Electric fail to provide the First Notice and Second Notice, United shall be liable only for such charges levied as the direct result of barge Constructive Placement twenty four (24) hours or more after notice by electronic mail by Tampa Electric of the actual or Constructive Placement of the train. 3.7.