Common use of Train Usage Clause in Contracts

Train Usage. Except as otherwise provided in (1) Section 11(b)(ii) (First Year), (2) Section 11(a) (Operators' Sole Responsibility), (3) Section 11(c)(i) (CRC Damages Generally), (4) Section 11(c)(ii)(B) (No Reallocation for Insurance), (5) Section 11(f) (Specified Level Damages), and (6) Section 11(g) (Substance Abuse Exceptions), and subject to Section 11(c)(ii)(A) (Net of Insurance), all Damage shall be apportioned between the Operators in proportion to their respective Total Train Usage Percentages in the Zone in which the incident giving rise to such Damage occurred for the 12 calendar month period immediately preceding the incident giving rise to such Damage.

Appears in 8 contracts

Samples: Operating Agreement (CSX Transportation Inc), Operating Agreement (Norfolk Southern Railway Co/Va), Operating Agreement (CSX Transportation Inc)

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Train Usage. Except as otherwise provided in (1) Section 11(b)(ii) (First Year), (2) Section 11(a) (Operators' Sole Responsibility), (3) Section 11(c)(i) (CRC Damages Generally), (4) Section 11(c)(ii)(B) (No Reallocation for Insurance), (5) Section 11(f) (Specified Level Damages), and (6) Section 6)Section 11(g) (Substance Abuse Exceptions), and subject to Section 11(c)(ii)(A) (Net of Insurance), all Damage shall be apportioned between the Operators in proportion to their respective Total Train Usage Percentages in the Zone in which the incident giving rise to such Damage occurred for the 12 calendar month period immediately preceding the incident giving rise to such Damage.

Appears in 1 contract

Samples: Operating Agreement (Norfolk Southern Corp)

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