Common use of Acquisition of Railroad Easements Clause in Contracts

Acquisition of Railroad Easements. The Department, at its sole cost and expense, will obtain any easements and other property rights necessary for the Work located on property owned by Norfolk Southern Corporation, and facilitate the negotiation of a construction agreement between the Developer and Norfolk Southern Corporation (the “Railroad Easement”). Notwithstanding the foregoing, (i) the Developer will pay the Department for Allocable Costs incurred by the Department in the Department’s efforts to obtain the Railroad Easement, to the extent such Allocable Costs are incurred by the Department as a result of any Developer Party’s misconduct, negligence or other culpable act, error or omission and (ii) the Developer will pay the costs of any Work performed on the Railroad Easement and reimburse Norfolk Southern Corporation any of its costs in connection therewith, all as provided in the Technical Requirements.