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. " ' �.u . ., � ' � ' . 'Foirm 16DO�She�t S � � .. . . . ' � � � .
<br /> . � � ;�.� .. :. -.� . .:,'� '. •�:��� �.: . , _ �,:. � . . ; � �.�. ._ � �_ . � .
<br /> C-om an n-4k�e-construetio�ie�e��„ �
<br /> P 7'`"1' , . • atocl-a�zei�nt,
<br /> the difference shall be promptly paid by theaTndustry or refunded by the Railroad ComQan.y-����rie case
<br /> may be. The actual cost thereof shall be refunded from the general funds of thelZailrbad Company to the
<br /> Tndustry at the rate of$5.00 for each car of carload freight delivered on..or-shi p d from the Track on wliiclt
<br /> the Railroad Company receives road-haul revenue in ex�ss--o.'$30.00 during the period of five (5) years
<br /> � after the date of completion of the Track, unless-the toial of such refund payments shali sooner equal said
<br /> amount. Industry shall submit alist-of'such cars to the Railroad Company's Auditor of Expenditures,
<br /> 547 West Jackson B1vd.rC-h'rca�o 6, Illinois, upon each six month anniversary of this contract,and a settle-
<br /> ment shal e-m�romptly after verification of such lists by 'said Auditor. Such lists shall ahow car
<br /> (c) The Tndustry also agrees to pay the Railroad Company the full cost of all changes or alteratio►�s
<br /> in that portion of the Track owned by the Industry that may be necessary in order to conEortii to any
<br /> changes o# grade or relocation of the tracks o£ the 12ailroad Company at the point of connection witl� said
<br /> i Track required by any law, ordinance, or regulat'son, or necessary because of any other reason beyond the
<br /> 22ailroad Company's controL
<br /> 4. Nlaintenance of the Track:
<br /> The Railroad Company shall maintain, repair, and renew the Track, includiug ti�e necessary s�vitch
<br /> and srgnal lights used in connection with the operation of said Track, in such manner as tlie ltailroad
<br /> Company cleems necessary; provided that the labor necessary to maintain any portion of said Tracic not
<br /> on property owned by the Railroad Company shall, upon request in writing made by the Railroad Co�n-
<br /> pany, be :urnisl�ed by the Industry at its own expense. The Tndustry agrees to pay to the 12ailroad Com-
<br /> pany, upon presenfiation of bills therefor, the cost of maintenance, repair� and renewa3 of that portion of
<br /> Track beyond the clearance point.
<br /> 5. Tndustry To Keep Track Free from Obstructions:
<br /> The Industry shall, at its own expense, and in a manner satisfactory to the Railroad Company, keep
<br /> said :Crack clear of snow, ice, weeds, or other obstructions. Upon failure so to do, the �tailroad Company
<br /> may perform said service and collect the entire expense thereof from the Tndustry. .
<br /> 6. Percentages To Be TncIuded in Bills:
<br /> It is understood and agreed that in all bills rendered hereunder Uy the Railroad Cou�pany to the �
<br /> Tnuustry, unless orherwise stipulated under the terms of this agreement, ten (10) per cent sl�all be added
<br /> � to the total cost of all labor items to cover general supervision furnished by other tl�an ordinary gang
<br /> foremen, accounting, use of tools and other elements of expense not capable of exact ascertaintnent.� All
<br /> material furnished by the Railroad Company will be billed for at the Railroad Company's established price
<br /> , as of date and place of delivery. All such bills shall be paid within thirty (30) days after receipt thereof.
<br /> 7. Division of Ownership of :he Track:
<br /> The Railroad Company shall be the owner of that portion of said Track, including grading, Uridging,
<br /> ballast, and all other improvements, between the switch point and the clearance point.
<br /> The Tndustry shall be the owner of the track material in that portion of said Track, if any, on tl�e right
<br /> of way of the Railroad Company beyond the portion owned by the Railroad Company, the tern� "track
<br /> material" to include only rails, angle bars, spikes, switches, other metal, and ties. The Industry shall also
<br /> be the owner of all that portion of said Track, if any, ofE of the right of way of the 12ailroad Company.
<br /> . EXHIBIT B-2
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