Railroad Agreements. 26 5.11.2.1 Developer shall be responsible for negotiating, at its own 27 expense, the UPRR Construction and Maintenance Agreements and any other 28 agreements required by UPRR for Developer to perform Work on structures over and 29 under, adjacent to, and within UPRR’s ROW. For guidance, a standard form UPRR 30 Construction and Maintenance Agreement is provided in the Reference Information 31 Documents.
Railroad Agreements. Notwithstanding any other provisions in this Agreement, Gold Xxxx may cancel any and all Railroad Agreements used in the Inputs Business, listed on Schedule 8.2.3 hereof, at any time on or before Closing, and Southern States acknowledges that Gold Xxxx will not obtain any consents from the Railroads to the assignment of the Railroad Agreements as a part of this transaction.
Railroad Agreements. The Grantee represents that it has entered into and will abide by, or will enter into and abide by, a written agreement, in form and content satisfactory to FRA, with any railroad owning property on which the Project is to be undertaken, in accordance with 49 U.S.C. 24405(c)(1) and section 4.2.6 of the High Speed Intercity Passenger Rail (HSIPR) Program Interim Guidance published in the Federal Register on July 1, 2010 (75 FR 38344). Such agreement shall provide for compensation for use, assurance regarding the adequacy of infrastructure capacity, a commitment to keeping railroad collective bargaining agreements in full force and effect, and compliance with liability requirements consistent with 49 U.S.C. 28103. The Grantee shall not enter into or agree to any substantive changes to the FRA approved written agreement with the railroad on which the Project is undertaken without FRA’s prior written consent. The Grantee may not obligate or expend any funds (federal, state or private) for final design and/or construction of the Project, or commence any part of the final design and/or construction for the Project, or any component of the Project, without receiving FRA’s prior written approval of the executed railroad agreement satisfying the requirements of this section.
Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10. DB Contractor shall perform the Work in compliance and conformity with all construction and maintenance agreements and Preliminary Exhibit As for the Project and shall be responsible for the performance of TxDOT’s obligations under the construction and maintenance agreement, except to the extent a construction and maintenance agreement or Preliminary Exhibit A requires modification due to an ATC included in Appendix 2 to Exhibit 2 or due to DB Contractor’s design. In such event, DB Contractor shall be responsible for obtaining the required modifications to the construction
Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1):
Railroad Agreements. In accordance with 49 U.S.C. § 22905(c)(1), if the Project funded by this Agreement uses rights-of-way owned by a railroad, then Grantee represents that it has entered into a written agreement with that railroad owner, which includes: compensation for such use; assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; an assurance by the railroad that collective bargaining agreements with railroad’s employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and an assurance that Grantee complies with liability requirements consistent with 49 U.S.C. § 28103. By signing this Agreement, Grantee certifies that the written agreement referenced in this section (e) has been executed or is not required. Additional guidance on compliance with the Railroad Agreements provisions is available on FRA’s website at: xxxxx://xxxxxxxxx.xxx.xxx/elibrary/frequently-asked-questions-about-rail- improvement-grant-conditions-under-49-usc-ss-22905c1.
Railroad Agreements. As changes take place on the railroads and local highway systems, there will be a need for crossing improvements, structure replacements, or the elimination of a crossing. Before these actions can take place, an agreement must be in place that describes the scope of work, the responsibilities of the parties involved, and the method(s) of payment. For both upgrades to existing crossings and the construction of new crossings, contact the railroad early in the process of planning and design. Long approval times are typical for any work within railroad ROW. 5-6.01 Requirements for a Railroad Agreement A railroad agreement is required where: • there are proposed joint improvements between railroad(s) and LPAs involving changes in a railroad grade separation structure or grade crossing, including changes in protection that will be paid totally or in part with MFT, State, or federal funds, • there are improvements on the local highway system that require a relocation or removal of the railroad facilities, and/or • if there is a change in circuitry and/or traffic signal preemption. A separate railroad agreement is not normally required when the Illinois Commerce Commission (ICC) issues an order or develops a stipulated agreement. See Section 5-6.06 covering the improvements listed above. A supplemental agreement will be required if the ICC order does not cover all of the federal requirements or fund types.
Railroad Agreements. All of the Railroad Agreements are valid, enforceable and in full force and effect and have not expired or been terminated. The Railroad Agreements include all of the rights of Sellers to utilize or ship coal on any rail (including side tracks) of Norfolk Southern Railway Company or any of its Affiliates at or from the Mine Complex or in the vicinity thereof. Sellers have the right to assign and transfer the Railroad Agreements (including all of the rights of Sellers thereunder) to Buyer without any Consent of any third party other than the Required Consent of Norfolk Southern Railway Company. Section 4.10.
Railroad Agreements. DB Contractor shall be entitled to an increase in the Price or an extension of a Completion Deadline due to delays and changes in DB Contractor’s obligations arising from railroads and railroad agreements only as provided in this Section 6.10.
Railroad Agreements. To the extent the Project uses right-of-way owned by a railroad, MSDC represents that it has entered into and will abide by a written agreement (approved by FRA) with the railroad(s) in accordance with 49 U.S.C. 24405(c)(1). If required, such agreement provides compensation for use, assurance regarding the adequacy of infrastructure capacity, a commitment to keeping railroad collective bargaining agreements in full force and effect, and compliance with liability requirements consistent with 49 U.S.C. 28103. MSDC shall not enter into or agree to any substantive changes to the FRA-approved written agreement with the railroad(s) on which the Project is undertaken without FRA’s prior written consent.
