Common use of Specified Use Clause in Contracts

Specified Use. The PROPERTY will be used for the public purpose of the construction, operation, and maintenance of a privately owned and operated interstate high-speed passenger railroad, and ancillary and incidental uses related thereto, initially contemplated between Apple Valley, California and Las Vegas, Nevada, including without limitation the installation and maintenance of track infrastructure, communications infrastructure, electrical power systems, signal systems, drainage systems, and rail-related fiber optic lines that are used in the operation of the PROJECT or for the benefit of LESSEE’s employees, CONTRACTORS, vendors, or passengers, with it being understood and agreed that the private high-speed passenger rail service may be expanded to other destinations beyond the current destinations during the TERM of this LEASE (which understanding will not be construed as obligating CALTRANS to grant an easement or lease or otherwise provide LESSEE the right to use additional rights- of-way owned, operated, or maintained by CALTRANS.) LESSEE will not use the PROPERTY for non-high-speed passenger rail uses, including but not limited to the provision of freight transportation services, the placement of non-railroad related UTILITIES, pipelines, non-railroad related fiber optic cables, non-railroad related wire lines, non-railroad related conduits, non-railroad related fences or any other non-railroad improvement without prior written approval by CALTRANS, which approval will not be unreasonably withheld. Any access for the installation, operations, or maintenance of non-passenger rail uses will be determined at the time (if any) when CALTRANS grants rights for such uses. LESSEE will not use the PROPERTY in any manner that would unreasonably obstruct or interfere with any transportation facilities existing as of the EFFECTIVE DATE unless doing so is expressly permitted and described elsewhere in this LEASE, provided that, as between the parties, the operation of the PROJECT, including the operation of a high-speed passenger train service and its ancillary train noise and emissions, will not be deemed to be an unreasonable obstruction, interference, or nuisance.