RAIL SERVICE. SECTION 3.1 Beginning on the Effective Date and throughout the term of this Lease, LESSEE shall be entitled to use of the Leased Premises for the operation of common carrier rail service. KCS further warrants that as of the date of this Lease, there is no other rail carrier to which KCS has granted rights to use the Leased Premises other than pursuant to joint facility agreements or arrangements that are superior to those granted herein to LESSEE. During the term of this Lease, LESSEE shall not grant to any third party the right to operate over the Leased Premises, nor shall it enter into any commercial or other agreement to move the traffic of any third party, other than to perform its common carrier obligations under the Interstate Commerce Commission Termination Act.
SECTION 3.2 During the term of this Lease, LESSEE:
3.2.1 will not suspend or discontinue its operation as a common carrier by rail over all or any part of the Leased Premises without first applying for and obtaining from the Surface Transportation Board (“STB”), and any other regulatory agency with jurisdiction, any necessary certificate of public convenience and necessity or other approvals or exemptions from regulation for such discontinuance of operations over the Leased Premises; provided, however, that LESSEE will not seek such regulatory authority, or if no regulatory authority is needed, take any action to suspend or discontinue its operations on the Leased Premises, without first giving KCS six (6) months’ advance written notice of LESSEE’s intent to do so.
3.2.2 agrees to offer freight transportation services on the Leased Premises, to all shippers on the Leased Premises as least at the levels in place on the Effective Date of this Lease Agreement and sufficient to comply with all current contracts with shippers located on the Leased Premises.
3.2.3 agrees to fulfill all service requirements of existing transportation contracts to the extent such services involve services formerly provided on Leased Premises. LESSEE agrees to comply with the terms of all existing agreements related to the use of the Leased Premises including but not limited to: car cleaning contracts, crossing agreements, interlocker agreements and joint facility agreements, as shown on Exhibit “B”.
3.2.4 [**]
SECTION 3.3 Upon suspension or discontinuance of LESSEE’s operations as a rail carrier of freight over all or any part of the Leased Premises during the term of this Lease or any extended term hereof, for rea...
RAIL SERVICE. Not included.
RAIL SERVICE. (a) Railroad agrees, pursuant to the provisions of this Agreement, its tariffs, circulars, rules and rail transportation contracts, to operate over the Track in the delivery, placement and removal of railcars consigned to or ordered by Industry, at such times established by Railroad. Railroad may also use Industry Track for its own general or emergency operating purposes, so long as such purposes do not materially affect the use of the Industry Track for rail service to Industry, provided, further that such use shall not be as a common carrier subject to the entry or exit jurisdiction of the Surface Transportation Board pursuant to the ICC Termination Act or any other federal or state statute or regulation.
(b) Industry shall not permit the use of the Industry Track by or for the account of third parties without the written consent of Railroad. If such use occurs without such consent, Industry assumes the same responsibilities, as stated in this Agreement for such use as if for its own account. Railroad shall not be required to provide rail service to such third parties.
(c) Railroad shall be deemed to have delivered any railcar consigned to or ordered by Industry when such railcar has been placed at the Transload Facility, so as to allow access by Industry, and Railroad's locomotive has uncoupled from the railcar. At that time, Railroad shall be relieved of all liability as a carrier or as a bailee, and possession of the railcar and its contents shall be transferred to Industry. Similarly, any obligation of Railroad as a carrier or as a bailee shall not begin until it has coupled its locomotive to the loaded railcar and departed the Transload facility.
(d) Industry is responsible for all railcars and their contents while in Industry's possession and assumes all responsibility for payment of all damage to any rail and its contents that may occur during that time, even if caused by third parties.
(e) If Railroad is unable to deliver a railcar at the Transload Facility for loading or unloading due to the acts of Industry or any third party, then such railcar will be considered as constructively placed for demurrage purposes at the time of attempted delivery.
RAIL SERVICE. South Buffalo shall provide rail service to Seller after Closing pursuant to the terms and conditions set forth in the Transportation and Related Services Agreement attached hereto as Exhibit 8.3.
RAIL SERVICE. Lessor makes no warranties or representations, expressed or implied, as to continued rail service to the Premises. In the event that (a) rail service to the Premises is terminated for a period in excess of thirty (30) consecutive days, or (b) the Premises is rendered untenable due to fire, flood or other casualty for a period in excess of thirty (30) consecutive days, Lessee shall have the right, but not the obligation to terminate this Lease without penalty upon seven (7) days written notice to Lessor.
RAIL SERVICE. 8 At such time that the Authority provides new rail service, the Authority and the 9 Union shall meet to negotiate in accordance with the provisions of Recognition, 10 paragraph E, and Article 56, Section 2, of the Collective Bargaining Agreement any 11 modifications needed to begin operating the new rail service which are not covered
RAIL SERVICE. Landlord will provide that existing rail lines to the Premises are functional and accessible so that Tenant can send/receive rail cars via BNSF once the service is brought to the Park via TGS or other service provider as the “Switch Provider.” Landlord makes no representation as to when such service will be available but does represent and warrant that it will in good faith use its reasonable efforts to provide that existing rail lines will service the Premises. Tenant shall pay as a rail switching charge for each rail car spotted at the Premises such amount as may then be charged by the Switch Provider. Any such charges will be substantially comparable to charges in other rail served industrial parks in Xxxxxx County. If Tenant requests storage of rail cars in the Park, Tenant shall pay a storage charge for each stored rail car as may then be charged by Landlord or any party providing rail car storage services at Landlord’s request for tenants in the Park. Charges related to rail switching, rail car storage or any other type of rail service provided to Tenant (collectively, the “Rail Services”) are hereinafter referred to as the “Rail Charges.” Tenant shall not be responsible for any Rail Charges unless Tenant actually uses rail within the Park. Landlord may use rail located on the Premises provided it does not interfere with Tenant’s use of such rail. Any modifications, maintenance, extensions or Tenant specific rail related improvements will be at the sole cost and expense of Tenant and shall be in addition to Base Rent.
RAIL SERVICE. 7.1. Railroad agrees, pursuant to the provisions of this Agreement, its tariffs, circulars, rules and rail transportation contracts, to operate over the Sidetrack in the delivery, placement and removal of railcars consigned to or ordered by Industry, at such times established by Railroad. Railroad may also use Industry’s Segment of the Sidetrack for its own general or emergency operating purposes, so long as such purposes do not materially affect the use of the Sidetrack for rail service to Industry. Industry agrees to abide by all applicable provisions of this Agreement and Tariffs CSXT 8100/8200 Series, including, without limitation, those addressing responsibility for and payment of demurrage and other accessorial charges. Railroad reserves the right to cancel the Agreement for any breach of such provisions.
RAIL SERVICE. 8.1 Railroad agrees, pursuant to the provisions of this Agreement, its tariffs, circulars, rules and rail transportation contracts, to operate over the Sidetrack or other track as the parties may from time to time agree to deliver, place and pick-up railcars consigned to or ordered by Customer, at such times established by Railroad.
8.2 Customer shall not permit the use of the Sidetrack or Yard tracks by or for the account of third parties without the written consent of Railroad. If such use occurs without such consent, Customer shall remain responsible for the conduct of such third parties as stated in this Agreement as if for its own account. Railroad shall not be required to provide rail service to such third parties.
8.3 Railroad shall be deemed to have delivered any railcar consigned to or ordered by Customer when such railcar has been placed on the Sidetrack, so as to allow access by Customer, and Railroad’s locomotive has uncoupled from the railcar. At that time, Railroad shall be relieved of all liability as a common or contract carrier or as a bailee, and possession of the railcar and its contents shall be transferred to Customer. Similarly, any obligation of Railroad as a common or contract carrier or as a bailee shall not begin until it has coupled its locomotive to the loaded railcar and departed the Sidetrack.
8.4 Customer is responsible for all railcars and their contents while in Customer’s possession, including while such cars are located on the Sidetrack, and assumes all responsibility for payment of all damages to any railcar and/or its contents that may occur during that time, even if caused by third parties.
8.5 If Railroad is unable to deliver a railcar on the Sidetrack for loading or unloading due to the acts of Customer or any third party, then such railcar will be considered as constructively placed for demurrage purposes at the time of attempted delivery.
RAIL SERVICE. Commercial passenger rail vendors may voluntarily offer discount rates to contractors traveling who are on official Government business at the vendor’s discretion. Lodging Programs. GSA and Services’ lodging programs may voluntarily offer discount rates to contractors who are on official Government business at the vendor’s discretion. Car Rental Program. Military Surface Deployment and Distribution Command (SDDC) negotiates special rate agreements with car rental companies available to all Government employees and uniformed personnel while traveling on official Government business. Some commercial car rental companies may voluntarily offer similar discount rates to Government contractors at the vendor's discretion. [ * ] The following portion has been omitted pursuant to a Confidential Treatment Request under Rule 24b-2 of the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission.
