Examples of Sidetrack Agreement in a sentence
The Seller has delivered or made available to the Buyer true, correct and complete copies of all material documents related to Alcoa’s and the Company’s use of the Terminal, including but not limited to, the Terminal Use Agreement, the Terminal Operator’s Agreement, the Terminal Ground Lease and the Sidetrack Agreement (collectively, the “Terminal Documents”), and there are no other Contracts affecting or pertaining to the right of the Seller and the Company to use or occupy the Terminal.
Subject to the execution of a Sidetrack Agreement between BPP and CSXT, ERLB shall arrange with the Underlying Carrier(s) for the placement of trainload shipments of Coal, including locomotives, on private industrial delivery tracks at the Facility designated by BPP.
Notwithstanding the foregoing, all of Landlord’s and Tenant’s obligations under this Section 9(1)(a) shall be conditioned upon CSX and Landlord entering into the Sidetrack Agreement and Landlord and Tenant agreeing upon an allocations of the costs to repair and restore the existing rails on the Sidetrack.
None of Borrower or the Partners (a) has engaged in any material business other than the development, construction and operation of the Facilities or (b) is a party to any agreement other than the Project Documents, including as permitted pursuant to Section 6.19 hereof other than the Private Sidetrack Agreement, dated as of April 22, 1992, between the Railroad and Borrower.
Within ninety (90) days after the Sidetrack Agreement is executed by CSX and Landlord, Landlord and Tenant shall negotiate in good faith and use commercially reasonable efforts to agree upon an allocation of the costs to repair and restore the existing rails on the Sidetrack (as hereinafter defined).
Landlord agrees to provide to Tenant access to the Sidetrack on a 24-hour - 7 day a week basis, provided that Landlord’s obligations hereunder are conditioned upon CSX entering into the Sidetrack Agreement.
Landlord agrees to use commercially reasonable efforts to enter into the Private Sidetrack Agreement with CSX in the form attached hereto and made a part hereof as Exhibit C (the “Sidetrack Agreement”) within five (5) business days after the Effective Date of this Agreement.
All activities of Tenant on the Sidetrack shall at all times be in compliance with the terms and conditions of the Sidetrack Agreement, and applicable federal, state and local laws, ordinances and regulations.
All of Landlord’s and Tenant’s obligations under this Section 9(2) shall be conditioned upon CSX and Landlord entering into the Sidetrack Agreement and Landlord and Tenant agreeing upon an allocations of the costs to repair and restore the existing rails on the Sidetrack as described in Section 9(1)(a).