Common use of OTHER OPERATORS Clause in Contracts

OTHER OPERATORS. 6.1 In all of its operations and use of the property indicated herein, the Contractor will cooperate with other potential operators in the use of rail facilities. The Contractor shall enter into a mutually acceptable agreement with other operators already operating on the Line(s) as noted below: • ▇▇▇▇▇▇ Scenic Railroad (CSRR) is currently under agreement to NHDOT and has the exclusive right to operate tourist excursion trains between Mile Post P56.0 in ▇▇▇▇▇▇ to Mile Post P101in Whitefield. As CSRR is under agreement to NHDOT and provides seasonal tourist excursion train service, the Contractor shall be required to enter into a mutually acceptable agreement with CSRR regarding the terms and conditions relating to the use of the rail facilities, including, without limitation, commercially reasonable terms and conditions relating to liability protection for CSRR and compensation due to CSRR relating to the use of the rail facilities. At all times CSRR’s service shall have priority over all other users, including the Contractor, and CSRR shall retain dispatching control of the Line. • NH Central Railroad (NHCRR) operates freight service between Mile Post P101 in Whitefield to Mile Post P103.2 in Whitefield and has operating rights to Mile Post P111.57 in Lunnenburg, Vermont. Any proposed train movements through this portion of the Line must be covered by a mutual agreement with NHCRR, including train movements that are coordinated with NHCRR.