SPBL Recreational Trail Sample Clauses

SPBL Recreational Trail. The parties acknowledge that a portion of the Branch contains a trail known as the SPBL Recreational Trail. The parties will cooperate to facilitate use of such trail, and to extend such trail further provided that: a. In the event that VCTC determines, in its sole discretion, that Railway’s operations justify modification or relocation of portions of the then existing portions of the SPBL Recreational Trail, VCTC shall coordinate appropriate relocation of the SPBL Recreational Trail and fund the costs of such relocation. Railway shall be obligated to reasonably accommodate and reasonably assist with VCTC’s relocation and the modified alignment of the SPBL Recreational Trail. b. The VCTC shall use reasonable efforts to locate and construct any new sections of the SPBL Recreational Trail away from the portion of any then-existing track used for Railway’s operations for Railroad Purposes. However, if new sections of the SPBL Recreational Trail cannot be constructed without the relocation of tracks required by Railway, and the cost to relocate the tracks is substantially less than the cost to construct the new sections of the SPBL Recreational Trail in a manner that does not require such relocation, then Railway shall perform and fund the cost of such track relocation; provided, however, that Railway shall not be required to relocate any bridges, trestles, or berms or any related tracks. c. Except as otherwise set forth herein, the VCTC shall be solely responsible for the use, operation, construction, and maintenance of the SPBL Recreational Trail and shall, in accordance with Section 12.2, indemnify, defend, and hold harmless Railway regarding the same except to the extent that any claim or liability for any incident along the SPBL Recreational Trail arises from the negligence, gross negligence or willful misconduct of Railway, its officers, employees, contractors, or agents.
Sample 1
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