Common use of Railroad Equipment provided by the User Clause in Contracts

Railroad Equipment provided by the User. In case the User delivers KCSM the Freight in Railroad Equipment of the own User, such Railroad Equipment will be subject to the policies and regulations KCSM and must comply with the conditions, characteristics and physical and mechanical specifications that are adequate for their hauling, pursuant to the provisions established by the Mexican legislation and other applicable provisions. The maintenance and repair of the Railroad Equipment provided by the User will be to the account and charge of the User and therefore the User will be responsible for the mechanical conditions of the Equipment as well as of the damages that may be caused by such reason, and will be responsible of the damages that may be caused to the Freight, to KCSM or third parties caused by undue conditions of the Railroad Equipment provided by the User. KCSM may at any time reject the transportation of the Freight in the Railroad Equipment provided by the User if at the consideration of KCSM such equipment fails to perform the legal and operational applicable provisions both national and foreign. When the Railroad Equipment is provided by the User, KCSM will be released of any liability or payment obligation of Car Hire.

Railroad Equipment provided by the User. In case the User delivers KCSM the Freight in Railroad Equipment Equipments of the own User, such Railroad Equipment Equipments will be subject to the policies and regulations KCSM and must comply with the conditions, characteristics and physical and mechanical specifications that are adequate for their hauling, pursuant to the provisions established by the Mexican legislation and other applicable provisions. The maintenance and repair of the Railroad Equipment provided by the User will be to the account and charge of the User and therefore the User will be responsible for the mechanical conditions of the Equipment as well as of the damages that may be caused by such reason, and will be responsible of the damages that may be caused to the Freight, to KCSM or third parties caused by undue conditions of the Railroad Equipment provided by the User. KCSM may at any time reject the transportation of the Freight in the Railroad Equipment provided by the User if at the consideration of KCSM such equipment fails to perform the legal and operational applicable provisions both national and foreign. When the Railroad Equipment is provided by the User, KCSM will be released of any liability or payment obligation of Car Hire.