Transport and storage of Liquefied Petroleum Gas Sample Clauses

Transport and storage of Liquefied Petroleum Gas. “LPG”. 1. NCRA/NWPCo. may store LPG loaded tank cars on the Lombard Segment and on two 6,000 feet auxiliary tracks located at the Schellville yard in accordance with applicable federal, state, and local law. In the event said tracks are replaced or reconstructed at NCRA/NWPCo.’s cost, SMART shall review and approve of such replacement or reconstruction in accordance with Article VI of the 2011 Operating Agreement. Approval shall not be unreasonably withheld. 2. NCRA shall assume the risk of and agrees to fully indemnify, defend and hold SMART harmless with respect to any claim, damage or liability arising out of acts or omissions (whether negligent or not) of NCRA or any operator, agent, contractor, lessee or licensee of NCRA occurring as a result of transporting hazardous materials on the Lombard/Healdsburg track(s) and/or the storing LPG on the Schellville yard tracks. 3. Prior to storage of any LPG at the Schellville yard, the Parties agree that (1) NCRA/NWPCo. shall implement any and all applicable health and public safety measures at their sole cost and expense, including but not limited to, an emergency response plan, safety and security procedures and safety protocols; and (2) NCRA and SMART will identify local fire and/or first responders, and NCRA/NWPCo. shall consult with them on public health and safety issues related to storage of LPG at the Schellville yard on an ongoing basis. 4. As a condition of storage of LPG at the Schellville yard, and to ensure the health and safety of the community, NCRA/NWPCo. agree that when transporting Hazardous Materials on the Healdsburg or Lombard segments, they shall disclose and provide to appropriate first responders and to SMART dispatch a copy of the manifest identifying the nature and type of Hazardous Material, identity and quantity of cargo, destination of railcars, total number of railcars, total tonnage and length of train. 5. NCRA/ NWPCo. agree they will not store or hold LPG or any other hazardous material (including temporarily storing awaiting final destination instructions, pending resumption or “forwarding orders”) on any track, spur, siding, auxiliary or industrial track on the Healdsburg or Lombard segments, except as is authorized by 49 CFR 174.14 (generally within 48 hours) and for storage of LPG at the Schellville yard tracks as provided in section I. A.1, above.
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