Maintained Facilities definition

Maintained Facilities means (a) any Facility that is part of a Mortgaged Facility, (b) the Powerton Facility and (c) the Joliet Leased Facility.
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Maintained Facilities means all portions of the Rail Corridor, to the limits shown on the Map, including (a) the real property comprising the Rail Corridor (to the limits of Owner’s ownership of such real property) and all Trackage now or hereafter located thereon, (b) the storm water system for the Rail Corridor, including under-track drains at various locations, and including the storm water system located in the trench portion of the Rail Corridor (which portion of the storm water system is part of the Non-Rail Components), (c) the Maintenance Yard, and (d) the Non-Rail Components. The Maintained Facilities shall include the Roadway Bridge Structures. Notwithstanding anything to the contrary in this Agreement, the Maintained Facilities do not include (i) the cantilevered platform over the trench portion of the Rail Corridor on which the Drill Track is located (all of which, as of the date hereof, are maintained by UP), (ii) public streets, roadways or highways along the Rail Corridor, including curbs, gutters, sidewalks, landscaping, street lights and traffic signals, drainage and utility lines and facilities located on such public streets, roadways or highways, (iii) the surface pavement of streets on the Roadway Bridge Structures, or the curbs, gutters, sidewalks, landscaping, lighting and traffic signals, drainage, barrier walls, fence structures and fencing, and utility lines and facilities located on the Roadway Bridge Structures, (iv) any Trackage (including Drill Track) which on or after the date hereof is maintained by PHL or its successors or assigns (as indicated on the Map), (v) any Trackage beyond the limits of the Rail Corridor shown on the Map, or (vi) the track, ballast and signaling devices comprising the Drill Track; provided that, the Maintained Facilities shall include landscaping to the extent landscaping encroaches on or interferes with the use or operation of the Rail Corridor.
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Maintained Facilities means the Project Facilities that are to be maintained by Developer as further described in Section 23 of the Requirements and Provisions for Work.
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Examples of Maintained Facilities in a sentence

  • In furtherance of the foregoing, ACTA shall be entitled immediately and unilaterally to remove from service any portion of the Maintained Facilities, without liability to Contractor (other than for amounts due for Services performed prior to the Force Majeure Event), which are damaged or destroyed as a result of a Force Majeure Event.

  • Nothing in this Section 18.1 shall limit ACTA’s right to remove from service any Maintained Facilities damaged by a Force Majeure Event under Section 18.2, regardless of the availability of insurance proceeds to make necessary repairs or replacements.

  • Contractor acknowledges that the Maintained Facilities comprise a segment of a larger rail and infrastructure system which, among other things, connects with Trackage owned or operated by one or both of the Ports, one of the Railroads or PHL at the southerly end of the Rail Corridor as well as with Trackage owned or operated by each of the Railroads at the northerly end of the Rail Corridor and at certain connection points along the Rail Corridor.

  • Contractor shall give ACTA prompt written notice of any encroachment onto the Maintained Facilities by adjoining property owners or tenants which interferes with operations on the Maintained Facilities.

  • None of ACTA, Owner or Railroads shall have any obligation whatsoever to make any Capital Improvements or other modifications or additions on or to the Maintained Facilities (or otherwise).

  • For purposes of Section 2.4, any removal or deletion from service of a portion of the Maintained Facilities for less than 90 days shall not be considered a “removal” requiring an adjustment to the Approved Maintenance Plan.

  • Each of ACTA, Owner, BNSF and UP shall have the right, without obligation, to inspect the Maintained Facilities at any time to ensure compliance with this Section 6.2 and for any other purpose incidental to the rights of ACTA under this Agreement.

  • For purposes of this Agreement, Latent Defects shall not include, among other things, conditions arising in the ordinary course as a result of ordinary wear and tear of the Maintained Facilities.

  • Within 30 days after receipt of Contractor’s proposed Annual Maintenance Budget for the Maintained Facilities under Section 5.1, POLA, POLB, BNSF and UP shall approve or disapprove such plan and budget through Mutual Agreement in accordance with the provisions of Section 8.3 of the Operating Agreement.

  • All assignments and transfers of interest permitted pursuant to this Agreement, and all contracts or subcontracts entered into by Contractor with respect to the Maintained Facilities, shall contain this provision.


More Definitions of Maintained Facilities

Maintained Facilities means those facilities set forth on the Maintenance Matrix attached as Exhibit A to the Financing Plan.
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