Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10.
2.1. In the event of a conflict between an approved Preliminary Exhibit A or construction and maintenance agreement and the Design-Build Specifications, the approved Preliminary Exhibit A or construction and maintenance agreement shall govern and control.
Railroad Agreements. Developer shall be responsible for negotiating, at its own 26 expense, the UPRR Construction and Maintenance Agreements and any other 27 agreements required by UPRR for Developer to perform Work on structures over and 28 under, adjacent to, and within UPRR’s ROW. For guidance, a standard form UPRR 29 Construction and Maintenance Agreement is provided in the Reference Information 30 Documents.
Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10. DB Contractor shall perform the Work in compliance and conformity with all railroad agreements for the Project and shall be responsible for the performance of TxDOT’s obligations under a railroad agreement, except to the extent a railroad agreement requires modification due to an ATC included in Appendix 2 to Exhibit 2 or due to DB Contractor’s design. In such event, DB Contractor shall be responsible for obtaining the required modifications to the railroad agreement. In the event of a conflict between an approved railroad agreement and the DB Specifications, the approved railroad agreement shall govern and control.
Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10. DB Contractor shall perform the Work in compliance and conformity with all C&M Agreements and Preliminary Exhibit As for the Project and shall be responsible for the performance of TxDOT’s obligations under the C&M Agreement, except to the extent a C&M Agreement or Preliminary Exhibit A requires modification due to an ATC included in Appendix 2 to Exhibit 2 or due to DB Contractor’s design. In such event, DB Contractor shall be responsible for obtaining the required modifications to the C&M Agreement or Preliminary Exhibit A in accordance with Section
6.10.2.1. In the event of a conflict between an approved Preliminary Exhibit A or C&M Agreement and the DB Specifications, the approved Preliminary Exhibit A or C&M Agreement shall govern and control.
Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10. DB Contractor shall perform the Work in compliance and conformity with all construction and maintenance agreements and Preliminary Exhibit As for the Project and shall be responsible for the performance of TxDOT’s obligations under the construction and maintenance agreement, except to the extent a construction and maintenance agreement or Preliminary Exhibit A requires modification due to an ATC included in Appendix 2 to Exhibit 2 or due to DB Contractor’s design. In such event, DB Contractor shall be responsible for obtaining the required modifications to the construction
1. In the event of a conflict between an approved Preliminary Exhibit A or construction and maintenance agreement and the DB Specifications, the approved Preliminary Exhibit A or construction and maintenance agreement shall govern and control.
Railroad Agreements. Notwithstanding any other provisions in this Agreement, Gold Xxxx may cancel any and all Railroad Agreements used in the Inputs Business, listed on Schedule 8.2.3 hereof, at any time on or before Closing, and Southern States acknowledges that Gold Xxxx will not obtain any consents from the Railroads to the assignment of the Railroad Agreements as a part of this transaction.
Railroad Agreements. The Grantee represents that it has entered into and will abide by, or will enter into and abide by, a written agreement, in form and content satisfactory to FRA, with any railroad owning property on which the Project is to be undertaken, in accordance with 49 U.S.C. 24405(c)(1) and section 4.2.6 of the High Speed Intercity Passenger Rail (HSIPR) Program Interim Guidance published in the Federal Register on July 1, 2010 (75 FR 38344). Such agreement shall provide for compensation for use, assurance regarding the adequacy of infrastructure capacity, a commitment to keeping railroad collective bargaining agreements in full force and effect, and compliance with liability requirements consistent with 49 U.S.C. 28103. The Grantee shall not enter into or agree to any substantive changes to the FRA approved written agreement with the railroad on which the Project is undertaken without FRA’s prior written consent. The Grantee may not obligate or expend any funds (federal, state or private) for final design and/or construction of the Project, or commence any part of the final design and/or construction for the Project, or any component of the Project, without receiving FRA’s prior written approval of the executed railroad agreement satisfying the requirements of this section.
Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Grantee represents that it has entered into a written agreement with that railroad owner, which includes: compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Grantee complies with liability requirements consistent with 49 U.S.C. § 28103. By signing this Agreement, Grantee certifies that the written agreement referenced in this section (e) has been executed or is not required. Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: xxxxx://xxxxxxxxx.xxx.xxx/elibrary/frequently-asked-questions-about-rail- improvement-grant-conditions-under-49-usc-ss-22905c1.
Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1):
(1) If Grantee owns the rights-of-way used by the Project funded by this Agreement, then Grantee agrees that: the infrastructure capacity is adequate to accommodate both existing and future freight and passenger rail operations resulting from the Project, as applicable; railroad collective bargaining agreements with railroad employees (including terms November 2019 regulating the contracting of work) will remain in full force and effect according to their terms for work performed on the railroad transportation corridor; and the Grantee assures compliance with liability requirements consistent with 49 U.S.C. § 28103.
(2) If Grantee does not own all of the rights-of-way used by the Project funded by this Agreement, then Grantee represents that it has entered into a written agreement with the owner of rights-of-way used by the Project funded by this Agreement, which includes: compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations resulting from the Project; an assurance by the owner that collective bargaining agreements with railroad employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by such employees on the railroad transportation corridor; and an assurance of compliance with liability requirements consistent with 49 U.S.C. § 28103.
Railroad Agreements. 26 5.11.2.1 Developer shall be responsible for negotiating, at its own 27 expense, the UPRR Construction and Maintenance Agreements and any other 28 agreements required by UPRR for Developer to perform Work on structures over and 29 under, adjacent to, and within UPRR’s ROW. For guidance, a standard form UPRR 30 Construction and Maintenance Agreement is provided in the Reference Information 31 Documents.
32 5.11.2.2 Developer shall keep ADOT currently informed of the status 33 of negotiations with UPRR, of outstanding issues, of schedules and the like, and shall 34 provide ADOT true and complete copies of draft documents, as and when issued or