Common use of Maintenance Responsibility Clause in Contracts

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange Rules. Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair to any of the cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively). Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittings. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. When a car is placed in a private shop for maintenance or repair, the rent shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shop, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or while on any private siding or track or any private or industrial railroad, the rent shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange RulesRules of the Association of American Railroads (AAR). Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shallwill, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)broken. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇w▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇h▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittingsfittings on such cars leased herein. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. When a car is placed in a private shop for maintenance or repair, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the earlier of the date that the car is forwarded from the shop or on the date that the car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange RulesRules of the AAR, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. During the term of this Lease, Lessee assumes the entire responsibility for the cars and shall be responsible and liable to the Lessor for any and all damage to or destruction of same, except for damage (i) caused by normal wear and tear, or (ii) while cars are in the possession of any railroad in regular course of transportation, which railroad is subject to Interchange Rules of the Association of American Railroads (“Interchange Rules”). Lessor agrees to maintain the cars in good condition and repair according to the now existing Interchange RulesRules and to conduct necessary repairs during the term of this lease. Lessee agrees to notify Lessor promptly when of car damage, defect, or any car is damaged or in need condition requiring repair during the term of repair, this agreement and to forward such the cars and to any other cars subject to this Agreement to shops shop location as may be directed by Lessor the Lessor. Lessee agrees to arrange for repairs cleaning, at Lessee’s expense, of any cars requiring shopping. For any car or cars placed in a shop for normal wear and tear maintenance and/or periodic maintenance and inspections. No maintenancerepair at the direction of Lessor, alteration or repair to any of the cars Lessee shall be made or authorized by Lessee without Lessorallowed rental abatement commencing on the day of arrival at such shop, and rental will be reinstated on the date such car is ready to forward from the shop to Lessee’s prior written consent, except (i) specified point. Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) parts if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively). Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are parts of like kind and quality. Except for instances of at least equal quality negligence by the Lessee and/or parties allowed access to those being replaced or repairedthe cars by Lessee, unless otherwise agreed in writing by Lessor. Lessee shall not be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not any lining repair or replacement of like kind and the lining of at least equal quality to those being replaced or repairedthe cars. For During the avoidance term of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank carsthis lease, Lessee agrees that it will to assume the responsibility for the inspection and maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator all valves, safety heads gaskets, and top unloading valves. On ▇▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittings. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from on the cars. When a car is placed in a private shop for maintenance or repair, the rent shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shop, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or while on any private siding or track or any private or industrial railroad, the rent shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange RulesRules of the Association of American Railroads (AAR). Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, of the hatch covers, covers and outlet caps, etc.) gates if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)broken. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇h▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittingsfittings on such cars leased herein. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal ordinary wear and cleaning of commodities from the carstear excepted. When a car is placed in a private shop for maintenance or repair, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange RulesRules of the Association of American Railroads (AAR). Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)broken. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇w▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇h▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittingsfittings on such cars leased herein. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. When a car is placed in a private shop for maintenance or repair, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange RulesRules of the AAR, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. (a) Subject to the other terms of this Lease, Lessor agrees to will maintain the cars Cars, at its sole cost and expense, in good working order, condition and repair according to applicable law and regulations, including, without limitation, the Interchange Rules. Lessee agrees to notify Lessor promptly when promptly, after learning that any car Car is damaged or in need of repair, and to forward such cars Cars and any other cars Cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars Cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and broken. Running repairs (iias specified in the Interchange Rules) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)may be performed by railroads or hauling Carriers without prior consent. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars Cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. the parties. (b) On tank Cars, Lessee shall will be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of all movable parts, including angle valves and check valves and, if such cars Cars are so equipped, thermometer ▇w▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇h▇▇▇▇▇ carsCars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches hatches, dome covers, and special fittings. Furtherfittings on such Cars leased herein, any and damage to such outlets, hatches, dome covers, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. . (c) When a car Car is placed in a private shop for maintenance or repairrepair as provided in this Lease, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car Car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that maintenance and repairs have been completed and the car Car is forwarded from the shop or on the date that the car Car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any Car is derailed and requires repairs, the rental charges for such Car will cease effective as of the date of the derailment and will resume as of the date the Car is forwarded from the repair shop. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee Lessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs. If any repairs are required while on any private siding or track or any private or industrial railroad, the rental charges shall continue during the repair period.

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange RulesRules of the Association of American Railroads (AAR). Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)broken. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittingsfittings on such cars leased herein. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. When a car is placed in a private shop for maintenance or repair, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange RulesRules of the AAR, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. Lessor agrees to maintain the cars in good condition and repair according to the Interchange RulesRules of the Association of American Railroads (AAR). Lessee agrees to notify Lessor promptly when any car is damaged or in need of repair, and to forward such cars and any other cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars shall be made or authorized by Lessee without Lessor’s 's prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and (ii) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)broken. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of angle valves and check valves and, if such cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇▇▇▇▇▇ cars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches and special fittingsfittings on such cars leased herein. Further, any damage to such outlets, hatches, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. When a car is placed in a private shop for maintenance or repair, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that the car is forwarded from the shop or on the date that the car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange RulesRules of the AAR, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. (a) Subject to the other terms of this Sublease, Sublessor agrees to use commercially reasonable efforts to cause Master Lessor agrees to maintain the cars Cars, at its sole cost and expense, in good working order, condition and repair according to applicable law and regulations, including, without limitation, the Interchange Rules. Lessee Sublessee agrees to notify Lessor promptly when Sublessor (and at Sublessor's request will also notify Master Lessor), promptly, after learning that any car Car is damaged or in need of repair, and to forward such cars Cars and any other cars Cars subject to this Agreement Sublease to shops as directed by Sublessor and/or Master Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars Cars shall be made or authorized by Lessee Sublessee without Lessor’s Sublessor's prior written consent, except (i) Lessee that Sublessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and broken. Running repairs (iias specified in the Interchange Rules) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)may be performed by railroads or hauling Carriers without prior consent. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars Cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. Lessee shall the parties. (b) On tank Cars, Sublessee will be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of all movable parts, including angle valves and check valves and, if such cars Cars are so equipped, thermometer ▇▇▇▇▇wells, gauging devices, regulator valves, safety heads and top unloading valves. On ▇▇unloa▇▇▇▇ carsvalves. On hopper Cars, Lessee Sublessee will be responsible for inspection and cleaning of cleani▇▇ ▇▇ the operating mechanisms of the outlets, hatches hatches, dome covers, and special fittings. Furtherfittings on such Cars Subleased herein, any and damage to such outlets, hatches, dome covers, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. Sublessee. (c) When a car Car is placed in a private shop for maintenance or repairrepair as provided in this Sublease, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car Car arrives without advance notice of defects from LesseeSublessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor Sublessor from LesseeSublessee, and shall be reinstated on the date that maintenance and repairs have been completed and the car Car is forwarded from the shop or on the date that the car Car is ready to leave the shopleave, awaiting disposition instructions from LesseeSublessee. If any Car is derailed and requires repairs, the rental charges for such Car will cease effective as of the date of the derailment and will resume as of the date the Car is forwarded from the repair shop. If any repairs are required as a result of the misuse by or negligence of Lessee Sublessee or its consignee, agent or sublessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or the rental charges shall continue during the repair period, and Sublessee agrees to pay Sublessor for the cost of such repairs. If any repairs are required while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.

Maintenance Responsibility. (a) Subject to the other terms of this Lease, Lessor agrees to will maintain the cars Cars, at its sole cost and expense, in good working order, condition and repair according to applicable law and regulations, including, without limitation, the Interchange Rules. Lessee agrees to notify Lessor promptly when promptly, after learning that any car Car is damaged or in need of repair, and to forward such cars Cars and any other cars Cars subject to this Agreement Lease to shops as directed by Lessor for repairs and/or periodic maintenance and inspections. No maintenance, alteration or repair repairs to any of the cars Cars shall be made or authorized by Lessee without Lessor’s prior written consent, except (i) that Lessee shall, at its expense, replace any removable part (dome covers, hatch covers, outlet caps, etc.) if lost, stolen lost or broken and broken. Running repairs (iias specified in the Interchange Rules) as otherwise provided in this Agreement (including, but not limited to the following two paragraphs relating to certain repairs on tank cars and ▇▇▇▇▇▇ cars, respectively)may be performed by railroads or hauling Carriers without prior consent. Replacement or repair by Lessee of any parts, equipment and/or accessories on any of the cars Cars shall be with parts, equipment and/or accessories that are of like kind and of at least equal quality to those being replaced or repaired, unless otherwise agreed in writing by Lessor. the parties. (b) On tank Cars, Lessee shall will be responsible for all losses and damages caused by Lessee’s failure to use parts, equipment and/or accessories that are not of like kind and of at least equal quality to those being replaced or repaired. For the avoidance of doubt, title of all replacement parts or repaired parts shall be immediately vested in Lessor. On tank cars, Lessee agrees that it will assume the responsibility for the maintenance and replacement of all movable parts, including angle valves and check valves and, if such cars Cars are so equipped, thermometer ▇▇▇▇▇, gauging devices, regulator valves, safety heads and top unloading valves. On ▇▇▇▇▇▇ carsCars, Lessee will be responsible for inspection and cleaning of the operating mechanisms of the outlets, hatches hatches, dome covers, and special fittings. Furtherfittings on such Cars leased herein, any and damage to such outlets, hatches, dome covers, special fittings or the operating mechanisms will be repaired for the account of the Lessee. For all cars requiring maintenance or repair, Lessee shall be solely responsible for all costs associated with the removal, disposal and cleaning of commodities from the cars. . (c) When a car Car is placed in a private shop for maintenance or repairrepair as provided in this Lease, the rent rental charges shall cease on the date of arrival in the shop, except in the case where a car Car arrives without advance notice of defects from Lessee, in which case rent rental charges will cease on communication of such notice of defects to Lessor from Lessee, and shall be reinstated on the date that maintenance and repairs have been completed and the car Car is forwarded from the shop or on the date that the car Car is ready to leave the shopleave, awaiting disposition instructions from Lessee. If any Car is derailed and requires repairs, the rental charges for such Car will cease effective as of the date of the derailment and will resume as of the date the Car is forwarded from the repair shop. If any repairs are required as a result of the misuse by or negligence of Lessee or its consignee, agent or sublessee Lessee or while on a railroad that does not subscribe to, or fails to meet its responsibility under the Interchange Rules, or while on any private siding or track or any private or industrial railroad, the rent rental charges shall continue during the repair period, and Lessee agrees to pay Lessor for the cost of such repairs.. If any repairs are required while on any private siding or track or any private or industrial railroad, the rental charges shall continue during the repair period. Error! Unknown document property name. 4