Common use of Physical Description Clause in Contracts

Physical Description. The Line consists of the State-owned portion of the Mountain ▇▇▇▇▇▇▇ railroad line and/or Conway Branch railroad line as specifically described as follows: MORE DETAILED DESCRIPTION BASED ON SECTIONS OF THE LINE(S) THAT ARE PROPOSED TO BE USED INCLUDING DEED INFORMATION, VALUATION STATIONS, MILE POSTS, AND TOWNS AND COUNTIES INCLUDED IN SERVICE AREA 2.2 All rail facilities remain the property of the State which reserves to itself the right to grant further easements, contracts, leases, and other rights therein which do not, in the reasonable judgment of the State, unreasonably interfere with the performance of the Service by the Contractor. The State reserves to itself all rents, fees and revenues derived from such grants. Provided, however, that Contractor shall not be responsible for performing any physical alterations to the Line to accommodate such uses and Contractor shall not be responsible for the cost of repairing any damage to the Line resulting from such third party use. 2.3 The Contractor shall make no alterations to the State’s property, both real and personal, or construct any building or make other improvements on the State’s property beyond normal maintenance without the prior written consent of the State. All alterations, changes, and improvements built, constructed, or placed on the State’s property by the Contractor, shall unless otherwise provided by written agreement between the State and the Contractor, be the property of the State and remain on the State’s property at the expiration or sooner termination of this Agreement. Salvageable materials generated, as a part of normal maintenance shall become the property of the Contractor. 2.4 The State may provide the Contractor with State-owned railroad equipment under the jurisdiction of the Bureau of Rail and Transit, which it may declare available to the Contractor. Said equipment shall be used solely for the provision of Service under this Agreement and shall be insured by the Contractor to the State’s reasonable satisfaction. 2.5 The Contractor agrees that all rail and OTM currently located on the State railroad property and similar materials that may be provided to the Contractor by the State in the future shall only be used on the State’s railroad line. 2.6 Except where otherwise provided by shippers, the Contractor agrees to provide cars, locomotives and all other things as necessary to afford the degree and quality of service reasonably requested by its shippers on the Line(s) or as required to provide passenger rail services.