Restrictions on Work on Secured Portion of the Northern Line Sample Clauses

Restrictions on Work on Secured Portion of the Northern Line. Until the Promissory Note is repaid in full, S & S may not perform any removal, scrapping, or rehabilitation work on the secured portion of the Northern Line without first providing Notice to both the City and the Foundation of the proposed rehabilitation plans and obtaining the prior written approval of both the City and the Foundation. Each Seller will not unreasonably withhold its consent; provided, however, that each Seller will not be deemed to be unreasonably withholding its consent if the proposed plan does not, at a minimum, provide that: (i) all removed and/or scrapped Improvements will be replaced within six (6) months, provided, however, that S & S will not be deemed to have breached any plan if a written order from any federal or state agency or any court that in any manner reasonably hinders, slows, or halts S & S’s replacement efforts is the proximate cause of S & S not being able to comply with the requirement to replace all removed and/or scrapped Improvements within six (6) months; (ii) all removed and/or scrapped Improvements will be rehabilitated to Class I FRA standards; (iii) only a ten (10) mile segment of Improvements may be taken out of service, removed, and/or scrapped at one time and must be completely rehabilitated in accordance with this Article III, Section D., before another segment may be taken out of service, removed, and/or scrapped; (iv) any petitions by S & S to the FRA for a waiver of all or any requirements must first be approved by both the City and the Foundation; and (v) S & S may not, as part of any rehabilitation plan or otherwise, petition the FRA or STB to abandon any section of the secured portion of the Northern Line from Mile Post 17.00 to Mile Post 127.00. Any breach of an approved rehabilitation plan shall constitute a default under the Promissory Note, the Deed of Trust, and this Agreement. None of these provisions of this Article III, Section D., apply to the portion of the Northern Line from Mile Post 0.00 to Mile Post 17.00.
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Related to Restrictions on Work on Secured Portion of the Northern Line

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