Sidetrack Agreement definition

Sidetrack Agreement means Private Sidetrack Agreement between the Borrower and CSX Transportation, Inc. dated November 15, 2007.
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Sidetrack Agreement means the Sidetrack Agreement, dated June 17, 1988, between North Charleston Terminal Company, a South Carolina corporation, and the Company.
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Sidetrack Agreement the Private Sidetrack Agreement (ICC-CSXT-C-04181) dated as of December 1, 1990 between the Borrower and CSX, as the same may be amended, supplemented or otherwise modified in accordance with the provisions of Section 11.06.
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Examples of Sidetrack Agreement in a sentence

  • General Mills moved to dismiss the complaint on the ground that the Sidetrack Agreement does not require indemnification because the jury found CSX solely at fault for Burchfield’s injuries and collateral estoppel prohibits relitigation of the fault of General Mills.

  • It is true that in the indemnity clause of the Sidetrack Agreement, BNSF agreed to bear its proportionate share of liability as provided by law where GML and BNSF are jointly or concurrently negligent.

  • The Sidetrack Agreement grants General Mills the right to conduct “switching” on the sidetrack.

  • Due to the very nature of the working environment aboard of a ship, the competences associated to the “emergency management” are present on a vast scale.

  • BNSF, on the other hand, argues that the exception to the exclusion for liability assumed under an “insured contract” – the Sidetrack Agreement – applies because GML agreed to assume liability forParrish’s injury under that agreement or, alternatively, because BNSF assumed liability for Parrish’s injury under the indemnity clause of the Sidetrack Agreement, as discussed earlier in thisorder.

  • In 1989, CSX Transportation and General Mills entered into a Sidetrack Agreement for the construction, use, and maintenance of a sidetrack railway line.

  • Sadlik’s injury took 3 Plaintiff can still attempt to show negligence on the part of NS under FELA, as is alleged in Count I of the second amended complaint.place on BlueLinx’s property, specifically on a sidetrack that is the subject of an agreement between NS and BlueLinx.4 Section 8 of the Sidetrack Agreement governs the liability of the parties.

  • It also points to language in § 8(b) of the Sidetrack Agreement wherein GML agrees to indemnify BNSF for losses from injuries partially caused by BNSF using language which was not included in§ 8(a).1 In light of these two positions, it appears that both parties agree liability would be split proportionally if both are at fault for Parrish’s injury and that the only disputed question is whether GML must indemnify BNSF for BNSF’s negligence if BNSF is 100% at fault.

  • In other words, BNSF did not assume any liability under the Sidetrack Agreement that it did not already have, so the “insured contracts” exception does not apply.For these reasons, the employer’s-liability exclusion of the CGL Policy excludes coverage for BNSF based on losses suffered from Parrish.

  • But BNSF’s liability for Parrish’s injury does not arise out of any obligation it assumed under the Sidetrack Agreement.

Related to Sidetrack Agreement

  • JOA means the joint operating agreement currently in force in respect of operations pursuant to a Licence and identified as such in Schedule 1;

  • Consortium Agreement means this consortium agreement as well as the pre-amble and all annexes hereto;

  • Concession Agreement means the Concession Agreement referred to in Recital (A) above and annexed hereto as Annex-A, and shall include all of its Recitals and Schedules and any amendments made thereto in accordance with the provisions contained in this behalf therein;

  • Redevelopment Agreement means an agreement between the

  • PILOT Agreement means the Agreement for Payments in Lieu of Ad Valorem Taxes entered into by and among the Board, the Company, the City and the County.

  • Letter Agreement means that certain letter agreement between the initial Holder hereof and the Company, dated as of August 21, 2023, pursuant to which such initial Holder agreed to exercise one or more warrants to purchase shares of Common Stock and the Company agreed to issue to the initial Holder this Warrant.

  • Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.

  • Diversion agreement means a mechanism designed to hold a child accountable for his or her behavior and, if appropriate, securing services to serve the best interest of the child and to provide redress for that behavior without court action and without the creation of a formal court record;

  • Mediation agreement means a written agreement between the parties to a mediation meeting.

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  • petroleum agreement means an agreement for the purpose of petroleum activities entered into by Government and another person in accordance with this Act;

  • Agreement Area means the area to which this NSHA applies, being the land and waters described in Schedule 3.

  • Development Agreement has the meaning set forth in the Recitals.

  • Master Lease Agreement has the meaning set forth in Section 7.2(c)(xiv).

  • Use Agreement means the use agreement by and between HDFC and HUD which commences on or before the Effective Date, runs with the land, binds all subsequent owners and creditors of the Exemption Area, and requires that the housing project on the Exemption Area continue to operate on terms at least as advantageous to existing and future tenants as the terms required by the original Section 202 loan agreement or any Section 8 rental assistance payments contract or any other rental housing assistance contract and all applicable federal regulations.

  • Settlement Agreement means this agreement, including the recitals and schedules.

  • Construction Agreement as used in this subsection means an agreement between Seller and any contractor or subcontractor to install the System;

  • Clean Team Agreement means that certain Clean Team Confidentiality Agreement, dated April 25, 2024, between Parent and the Company.

  • Sublease Agreement means that certain Sublease Agreement, dated as of May 1, 2021 by and between the Company and the Agency.

  • Letter of Intent means the intimation by a Post/Fax/email to the tenderer that the tender has been accepted in accordance with provisions contained in the letter. The responsibility of the contractor commences from the date of issue of this letter and all terms and conditions of the contract are applicable from this date.

  • Easement Agreement means any conditions, covenants, restrictions, easements, declarations, licenses and other agreements listed as Permitted Encumbrances or as may hereafter affect the Leased Premises.

  • Admission Agreement An admission agreement in the form available on the Civil Service Pensions website immediately prior to the Relevant Transfer Date to be entered into by the Supplier where it agrees to participate in the Schemes in respect of the Services;

  • Participation Agreement has the meaning set forth under the definition of “Agreement”.

  • Co-operation Agreement means an agreement relating to compensation arrangements in the form of the relevant template Co-operation Agreement being:

  • Side Agreement means the Side Agreement for Transfer Agency Services between the Customer and Transfer Agent dated as of January 1, 2015.

  • Extension Agreement means an Extension Agreement, in form and substance reasonably satisfactory to the Administrative Agent, among Xxxxx 0, the Borrower, the Administrative Agent and one or more Extending Lenders, effecting one or more Extension Permitted Amendments and such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.14.