|
. . . . Form 18o0—Sheat 3 . ,
<br /> Any addition to or extension or relocation of the Track made by or at the request of the Tndustry,
<br /> and any structure supporting the Track and any crossing of the Track sha11 be deemed a part of the,Track
<br /> for the purposes of this agreement.
<br /> 8. Service on the Track, Right to Use:
<br /> The Railroad Company shall provide reasonable service on the Track when cocnpleted, subject to and
<br /> as contemplated by applicable tariffs, and shall have .he right, without cost, to use a11 of said Track in serv-
<br /> ing tlie Tndustry, and in its general railroad business in so far as such use shall not unreasonably interfere
<br /> with the business of the Tndustry, and to extend said Track or construct other spurs tlierefrom for the
<br /> purpose of serving other industries; provided that such use shall not be detrimental to the Industry, and
<br /> provided that thereafter the Tndustry sha1l be reirnbursed by such other indnstry or industries in tlie total
<br /> amount of three (3) per cent per annum on its investment in the Track, and the use proportion of the cost
<br /> of niaintaining the Track, as reflected by the cars handled for each during the twelve months preceding
<br /> the rnonth in which maintenance is done.
<br /> 9. Clearances, Use, and S�fety Requirements:
<br /> ' The Tndustry agrees not to place or construct an elevator nearer than eight (8) feet from the nearest
<br /> rail of said Track, or to construct, place, or permit any other building, excavation or oUstruction nearer tl�an
<br /> six (6) feet froin the nearest rail, or along or above said Track at a less height than twenty-tiiree (23) fcet
<br /> above the top of rails, without approval in writing of the Railroad Company, proyided ti�at ut�less other.
<br /> clearances are required by state statute or order of any competent public authority, car door l�cigiit plat-
<br /> fo:ms may be installed with a ciearance of three (3) feet, two (2) inc}�es from the nearest rail of said
<br /> Tracic. All doors, windows or gates shall be of the sliding type or sl�all open toward the insiile of the
<br /> Uuilding or enclosure when sucli building or enclosure is so Iocated that said doors, windows or gates, if
<br /> openinb outward, would, when opened, impair the clearances in this section prescribed. Industry agrees
<br /> to assume responsibility for all loss or claims arising out of failure to comply with the aUovc requirements.
<br /> The horizontal clearances herein prescribed are for straight tracks; for curved tracks coml>ensltion shall
<br /> be made so that the equivalent of the rninimum clearances herein prescribed shall Ue maintained.
<br /> The Industry also agrees to comply with the applicable rules published from time to time Uy tl�e
<br /> American Railway Association or any successor agency respecting the use of said Track and tl�e loading
<br /> or unloading of cars. The Industry further agrees not to m:.nufacture, store, or liave in its possession, on
<br /> or about its structures or premises adjacent to said Track, powder or other explosives or inflammable
<br /> ma�erials or liquids, except such reasonable amounts of fuel oil, kerosene or gasoline as may from time to
<br /> time be reqvired for lighting, fue3, power, or other like purposes, or in the conduct of the busineAS of the
<br /> Tndustry.
<br /> 10. �iabilitq Provisions: '
<br /> Tt is understood that the moveinent of railroad locomotives involves some risk of fire, and tlie In-
<br /> dustry assumes all responsibi�ity for and agrees to indemnify the Railroad Company against loss or damage
<br /> to property of the Industry or to property upon its preinises, regardless of negligence of tl�e Railroad
<br /> Company, arising from fire caused by locomotives operated by the Railroad Company on said Tfiack, or in
<br /> its vicinity for the purpose of serving the Tndustry, except to the premises of the Railroad Company and to
<br /> rolling stock belonging to the Railroad Company or to others, and to shipments in the .course of
<br /> transportation.
<br /> The Industry also agrees to indemnify and hold harmless the Railroad Company for loss, damage,
<br /> or injury from any act or omission of the Industry, its employees, or agents, to the person or property of
<br /> the parties hereto and their employes, and to the person or property of any other person or corporation,
<br /> while on or about said Track; and if any claim or liability other than from fire shail arise from tfie joint or
<br /> concuzrisig negligence of both parties hereto it shall be borne by them equally.
<br /> I1. Termination Provisions:
<br /> � Should the Industry cease actively to do business on said Track or if the Tndustry shali fail or refuse
<br /> for :hirty (30) days after demand is made therefor to comply with or to carry out any of the covenants or .
<br /> a;reements of the Tndustry herein or if the Railroad Company should Ue authorized to abandon its railroad
<br /> in tlie vicinity of said Track, the Railroad Company shall have the right, upon thirty (30) days' written
<br /> notice at any time, to cancel this agreement. Termination of this agreement shall not relieve either party
<br /> from any liability or obligation arising out of transactions prior to the date of termination.
<br /> � 12.. Removal of the Track Upon Termination:
<br /> Upon terrnination of this agreement as herein provided, the Railroad Company may at its option i
<br /> remove that portion of tl�e ttack inaterial owned by the Tndustry and located on the right of way of the
<br /> Railroad�ompany and restore the right of way as near to its condition as of the date of this agreement as
<br /> shall be deemed proper by the �tailroad Company, and the Railroad Company ahall pay to the Tndustry tl�e �
<br /> salvage value of the track material so removed, less the cost of salvaging and the cost of so restoring the
<br /> right of way as herein provided.
<br /> :�.�. �ig ox�3az� fi,cy ;,vo3.d �rac�r�elara�o ancl po�ait�� rio�►al.Lnentr�� Znduotry �u�•L•t�ex m�rco�.
<br /> ri�� 4O .✓CO�YFIi9, �'J.1iY1Ci141O11 OS• pb•.�.nf.� apc,�."a'��.O�A O'i' i1T(j �i^«wLOl" Cli•:1Y�11 OEjLi�pl11�C1� Ori OY' AOi03t7
<br /> �wzo l+��ck� cn�op� a� o$�at�li�tu+d �o��3.n�ga a�a�^ �ho,pu,rpo�o o� +�orv3ng �cho Tnrlua�ry. '
<br /> .,
<br /> . ,. .
<br /> . � - t . ., .
<br /> , ` EXHIBIT 'B 3 ,�;�� . -
<br />
|