Rail Access Clause Samples

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Rail Access. The design shall be prepared to provide intermodal rail services from the completion of the construction work. The Concessionaire shall coordinate intermodal rail services facilities design and construction with the concessionaire of the railroad: the Panama Canal Railway Company (PCRC). If the design of the intermodal rail services facilities require the use of railroad concession area, the relocation of buildings assigned to the railroad concession, or both, the Concessionaire shall coordinate these matters with the railroad concessionaire, and keep the ACP informed.
Rail Access. Grantor grants to Northern Lights and Northern Lights' successors, assigns, agents, employees, invitees and rail carriers a nonexclusive right to ingress and egress over, upon and across the Grantor's Railroad Spur Line for purposes of railcar movement to and from the Burlington Northern Santa Fe Railroad Mainline to the Northern Lights Railroad Spur Line. Grantor agrees to maintain, repair and replace the Grantor's Railroad Spur Line. The cost of maintaining, repairing and replacing the Grantor's Railroad Spur Line shall be shared by the parties in proportion to their usage of the Grantor's Railroad Spur Line. In the event that Grantor fails to maintain, repair and replace Grantor's Railroad Spur Line so as to permit Northern Lights to utilize Grantor's Railroad Spur Line for the purposes of moving railcars to and from its ethanol plant, Northern Lights may, but shall be under no obligation, to perform such maintenance, repairs or replacement of Grantor's Railroad Spur Line, and may enter upon the Grantor's Property for such purposes and take such action thereon as, in Northern Lights' option, may be necessary or appropriate therefor: (a) in the event of an emergency, at any time and without any notice; (b) in the event of a non-emergency, at any time after such failure continues for more than 30 days after written notice thereof from Northern Lights (or if the failure is of such a character as to require more than 30 days to cure and Grantor continues to use reasonable diligence in curing such failure, at any time after that period of time reasonably necessary to cure such failure).
Rail Access