Railroad Clause Samples

Railroad. Where the New Facilities shall cross railroads, the Requesting Party shall obtain railroad crossing permits or other standard railroad crossing rights prior to constructing the crossing.

Railroad. This section has intentionally been left blank in this contract.

Railroad. Except as otherwise expressly provided herein, Seller shall deliver coal sold and purchased hereunder in accordance with the contract between Buyer and railroad (said price redacted contract to be provided to Seller) and the applicable railroad tariff provisions. Buyer shall be responsible for providing any applicable amendments or revisions to said railroad tariff provisions to Sales Agent and/or Seller. Buyer shall cooperate with Seller in the scheduling of work at Seller's Operations and shall be responsible for arranging and coordinating with the railroad (also referred to herein as "carrier") the arrival of rail cars for loading. Buyer shall pay carrier for all rail transportation charges for coal purchased from Seller under this Agreement, except as provided for in the remainder of this Section 7 and Article III Section 3. SELLER SHALL INSPECT ALL COAL CARS FOR THE PRESENCE OF FOREIGN MATERIAL PRIOR TO LOADING AND SHALL ONLY LOAD CLEAN COAL CARS. Seller will pay all additional freight charges, required by Buyer's rail transportation agreements or the applicable railroad tariffs, on coal delivered hereunder that are a result of Seller's failure to deliver the quantity of coal as scheduled by Buyer, in accordance with this Agreement unless the tonnage deficiency is excused by other provisions of this Agreement. Buyer shall be responsible for payment of any and all increased freight charges which result solely from or on account of the coal being shipped to more than one destination. Seller shall pay all additional freight charges, required by the applicable railroad tariffs or Buyer's rail transportation agreements on coal delivered hereunder that are a result of Seller's failure to notify the railroad, in writing, in accordance with the applicable railroad tariffs or Buyer's rail transportation agreement, of Seller's inability to make shipment as scheduled. Seller shall pay all detention and switching charges at Seller's Operations resulting from Seller's failure to load and ship the coal in accordance with the applicable railroad tariffs or Buyer's rail transportation agreement. Seller shall load coal so as to permit loading of 12,000-ton trains within a 6-hour period. Seller shall pay all charges resulting from overloading or underloading cars in accordance with the applicable tariffs or Buyer's rail transportation agreement.

Railroad. Certain railroad costs incurred by LPA may be eligible for reimbursement from Federal-aid funds. Reimbursement of these costs require LPA to execute a Railroad Agreement with the applicable railroad using State’s template agreement, which shall identify the services to be provided by the railroad and associated costs. Any railroad work performed prior to Federal authorization and receipt of a Notice to Proceed will not be eligible for Federal-aid.

Railroad. 7% Manufacturing.......................................................... 39% Materials Handling Equipment........................................... 22% Medical................................................................ 12% Photocopying........................................................... 10% Research & Test........................................................ 0% Retail Store Fixtures..............................................

Railroad. Burlington Northern Santa Fe Railway (BNSF) facilities are within the project limits. Work will occur over the following locations: PM R3.66 (Christie Overhead and Christie Underpass), PM R8.55 (Alhambra Under Crossing), PM R8.85 (spur Overhead), and PM R9.10 (railway tunnel). Due to this work, right of way agreements will need to be executed for plan review and flagging expenses. The project contractor will be responsible for adhering to the BNSF flagging requirements and providing the required proof of insurance.

Railroad. Locate mile post marker and prepare Union Pacific Railroad Company franchise crossing exhibit and metes and bounds.

Railroad. For all Contracts that involve accessing property owned or maintained by Metro North Commuter Railroad or any of its subsidiaries, Metro North Commuter Railroad and the following companies must be included as Additional Insureds on the Contractor’s General Liability policy: Metropolitan Transportation Authority National Railroad Passenger Corp. (AMTRAK) CSX Transportation, Inc. & New York Central Lines LLC Delaware & ▇▇▇▇▇▇ Railway Company, Inc. Housatonic Railroad Company Providence & Worchester Railroad Company Connecticut Department of Transportation Consolidated Rail Corporation Midtown TDR Ventures, LLC Midtown Trackage Ventures, LLC

Railroad. The railroad described in Exhibit A-1 hereto."