Common use of Incidental Use Clause in Contracts

Incidental Use. (i) Prior to dissolution of GDC, all requests for incidental use of the HTP (e.g., fiber optic line, power line, or other third-party resource not directly needed for rail or tunnel operations that will not limit rail capacity) (“Incidental Use”) shall be subject to review and approval by GDC. If an Incidental Use is approved by GDC, GDC shall submit such Incidental Use request to the FTA as may be required by FTA. If the FTA approves the Incidental Use, Amtrak shall install or otherwise proceed with such Incidental Use, and any profits derived therefrom, after accounting for the reimbursement of costs to secure and support such Incidental Use, shall be shared equally among New York, New Jersey, and Amtrak. (ii) After dissolution of GDC, Amtrak shall submit any requests for approval of an Incidental Use to the FTA as may be required by FTA. Amtrak shall not install or proceed with any Incidental Use unless such Incidental Use has been approved by the FTA as may be required by FTA. Proceeds attributable to any such Incidental Use shall be applied to offset Amtrak’s operations and maintenance costs in accordance with its obligations under the PRIIA, other applicable laws, and all applicable agreements between Amtrak and any user of the HTP.