Rail Facilities Clause Examples

Rail Facilities. The Carbon Plant is served by existing rail facilities located on the Mill Real Property as identified on Exhibit B (such existing rail facilities as shown on Exhibit B (including, without limitation, the railcar repair and cleaning track) and any additional or replacement rail facilities in the future located on the Mill Real Property are referred to collectively as the “Rail Facilities”). The Ingevity Easement Rights shall include a non-exclusive right to use the Rail Facilities in connection with Ingevity’s Business for the purposes of switching, railcar storage, repair and cleaning and providing railcar deliveries and shipments to and from the Carbon Plant consistent with the day-to-day manner in which the Rail Facilities in existence as of the Effective Date were being used prior to the Effective Date.
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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.
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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.
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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
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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.
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Related to Rail Facilities

  • Common Facilities “Common Facilities” (sometimes referred to herein as “Common Areas”) means all areas, facilities, utilities, equipment and services provided by Landlord for the common use or benefit of the occupants of the Center and their employees, agents, customers and other invitees, including without limitation, if the same exist: building lobbies, common corridors and hallways, restrooms, pedestrian walkways, driveways and access roads, access facilities for disabled persons (including elevators), truck serviceways, loading docks, garages, driveways, parking lots, landscaped areas, stairways, elevators, retaining walls, all areas required to be maintained under the conditions of governmental approvals for the Center, and other generally understood public or common areas. All Common Facilities shall at all times be subject to the exclusive control and management of Landlord. Landlord reserves the right to relocate, alter, improve, or adjust the size and location of any Common Facilities from time to time without liability to Tenant, provided the same does not unreasonably interfere with Tenant’s access to, or use of, the Premises or materially increase Tenant’s monetary obligations hereunder. Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to the Common Facilities. Landlord shall have the right to construct, maintain and operate lighting facilities on the Common Facilities; to police the same; from time to time to change the area, level, location and arrangement of parking areas and other facilities; to restrict parking by tenants, their officers, agents and employees to employee parking areas; to close all or any portion of the Common Facilities to such extent, provided the same does not unreasonably interfere with Tenants access to, or use of, the Premises; to close temporarily all or any portion of the Common Facilities for any reason, including for the purpose of preventing a dedication thereof or the accrual of any rights to any person or the public therein; and to do and perform such other acts in and to the Common Facilities which Landlord shall determine, using good business judgment, to be advisable to improve the convenience and use thereof by tenants, their officers, agents, employees and customers. Subject to the foregoing, all Common Facilities not within the Premises, which Tenant may use under a revocable license, on a nonexclusive basis in common with other tenants, and if any such license is revoked, or if the amount of such areas is diminished, Landlord shall not be subject to any liability and Tenant shall not be entitled to any compensation or abatement of rent, nor shall such revocation or diminution be deemed constructive or actual eviction.

  • Toilet Facilities The Employer provides the Contractor access to toilet facilities. Temporary chemical toilets are provided by the Contractor where deemed necessary.

  • Interconnection Facilities 4.1.1 The Interconnection Customer shall pay for the cost of the Interconnection Facilities itemized in Attachment 2 of this Agreement. The NYISO, in consultation with the Connecting Transmission Owner, shall provide a best estimate cost, including overheads, for the purchase and construction of its Interconnection Facilities and provide a detailed itemization of such costs. Costs associated with Interconnection Facilities may be shared with other entities that may benefit from such facilities by agreement of the Interconnection Customer, such other entities, the NYISO, and the Connecting Transmission Owner. 4.1.2 The Interconnection Customer shall be responsible for its share of all reasonable expenses, including overheads, associated with (1) owning, operating, maintaining, repairing, and replacing its own Interconnection Facilities, and

  • PUBLIC FACILITIES Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

  • Parking Facilities Alamo Colleges District shall make the existing parking facilities at the rented Facility available for the vehicular traffic and parking necessitated by the Organization’s Use of the rented Facility, on a non-exclusive basis, as specified at Exhibit A. MAXIMUM CAPACITY. Organization anticipates approximately the number of participants stated at Exhibit A and agrees to inform Alamo Colleges District of any significant changes five (5) business days in advance of a Use. Organization shall not admit a larger number of persons than can safely and freely move about the Facility. Alamo Colleges District shall notify Organization of the recommended capacity of the Facility and all decisions of Alamo Colleges District concerning questions arising under this Paragraph shall be final.