Rail Facilities Clause Samples

Rail Facilities. All Mechanic or Facilities Technicians who transfer to Engineering and Facilities Rail Operations will be committed to remain in the Rail Operations for at least one (1) year of full- time continuous service. A maximum of thirty-three percent (33%) or two (2) people (whichever is greater) of the Facilities staff will be allowed to transfer out of the Engineering and Facilities Rail Operations positions into Bus Maintenance during the biennial pick.

Rail Facilities. Customer will be provided a location, in common with other users of the Terminal to place four (4) tank cars at a time for loading and unloading. Terminal Operator shall use commercially reasonable efforts to locate and develop a sidetrack for exclusive use by Customer, which will have capacity to hold four (4) tank cars at a time for loading and unloading. Agreement No. TBD

Rail Facilities. The Company and each other Company Group member (as applicable) holds valid property interests or operating or other legal rights (by ownership or easement, right of way, lease, license, trackage rights, operating or other agreements, or otherwise) in and to (a) the Maumee River Bridge, (b) certain trackage rights listed in Section 3.15 of the Seller Disclosure Schedule (subject to applicable term expirations, terminations upon a change of control, or inaccurate route descriptions of such trackage rights), (c) the operating territory as depicted in the system timetable set forth on Section 3.15 of the Seller Disclosure Schedule, and (d) the rail lines and land thereunder generally depicted on the system maps for WLE and Akron Barberton Cluster Railway set forth on Section 3.15 of the Seller Disclosure Schedule (collectively, the “Rail Facilities”), in each case, sufficient to permit each Company Group member to conduct its Business on and over the Rail Facilities. To the Knowledge of Seller, none of the Company Group is a party to any Contract that (x) would deprive such Company Group member of the ability to operate substantially in the same manner as such Company Group member operates over the Rail Facilities as of the date of this Agreement, or (y) except as set forth on Section 3.15 of the Seller Disclosure Schedule and other than renewals or terminations of existing leases or subleases, grants a third party the right to purchase, lease, or obtain trackage rights over, in each case, unabandoned Rail Facilities in the future. To Seller’s Knowledge, the Rail Facilities, Owned Real Property, Leased Real Property and the owned and leased Personal Property of the Company Group are sufficient for the continued conduct of the Business after the Closing.

Rail Facilities. Lessor agrees to permit Lessee to use the rail trackage and related rail facilities located upon Lessor's Land, from time to time, as such facilities may be available, as determined by Lessor, and in coordination with Lessor's use and other persons' use of the rail facilities. Lessee agrees to pay Lessor a reasonable charge for Lessee's use; provided however, Lessor shall have no obligation to Lessee to repair or maintain the rail facilities.

Rail Facilities. Landlord agrees to use commercially reasonable efforts to enter into the Private Sidetrack Agreement with CSX in the form attached hereto and made a part hereof as Exhibit C (the “Sidetrack Agreement”) within five (5) business days after the Effective Date of this Agreement. Within ninety (90) days after the Sidetrack Agreement is executed by CSX and Landlord, Landlord and Tenant shall negotiate in good faith and use commercially reasonable efforts to agree upon an allocation of the costs to repair and restore the existing rails on the Sidetrack (as hereinafter defined). If Landlord and Tenant agree upon an allocation of the costs to repair and restore the existing rails on the Sidetrack, then within sixty (60) days after an agreement is reached, Landlord will provide Tenant use in common with Landlord and other tenants on Landlord’s Property of the private rail sidetrack described on Exhibit B attached hereto and made a part hereof (the "Sidetrack"), containing approximately 260 feet of rail line, that has access to the CSX rail line that runs through Landlord’s Property. Tenant acknowledges that Landlord shall have the right at a later time to extend the Sidetrack, at Landlord’s expense. Landlord agrees that Landlord and the other tenants shall use the Sidetrack in a commercially reasonable manner and will cooperate with Tenant to ensure that Tenant’s business is not unreasonably disrupted (as determined by Tenant) by Landlord’s and other tenants’ use of the Sidetrack. On the Sidetrack, Tenant will be provided a location for Tenant’s exclusive use at the terminal that is directly adjacent to the Premises and parallel to the CSX main rail line to place five (5) tank cars (not to exceed 260 feet) at a time for loading and unloading, provided that (a) the use of the exclusive use area by Tenant shall at all times be subject to the terms of the Sidetrack Agreement and applicable federal, state and local laws, ordinances and regulations, and (b) Tenant acknowledges that Landlord will be able to temporarily move all rail cars of Tenant to allow Landlord and other tenants access to the remainder of the Sidetrack, now or hereafter existing. Notwithstanding the foregoing, all of Landlord’s and Tenant’s obligations under this Section 9(1)(a) shall be conditioned upon CSX and Landlord entering into the Sidetrack Agreement and Landlord and Tenant agreeing upon an allocations of the costs to repair and restore the existing rails on the Sidetrack.