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." .,. .. 200600528 DTERS shall be responsible for maintaining or causing to be maintained public rail crossings at all points where county roads cross DTERS' railroad easements. 3. North-South Rail Line DTERS shall provide or otherwise make available rail service upon the north-south rail line linking the Burlington Northern Santa Fe mainline tracks and the Union Pacific Railroad mainline tracks (the "North-South Rail Line") to or for the benefit of owners of property located in the NPPD Designated Property and those owners of property within the CAAP with access to the North-South Rail Line. DTERS will satisfy its obligations to provide such rail service either by (a) establishing an affiliated entity which is a common carrier railroad as provided in 49 USC ~ 10102(5) (and applicable case law) with the duty to provide service upon reasonable request as provided in 49 USC ~ 1110 I and the authority to enter into railroad transportation contracts pursuant to 49 use $ 10709 or (b) arranging for a third-party common carrier railroad to provide service on the North-South Rail Line. DTERS will provide or make available common carrier rail service at such time as service is required, upon reasonable prior notice from an owner of property located in the NPPD Designated property or the Southern Public Power District ("SPPD") Designated Property. The common carrier railroad shall be entitled to impose transportation rates and charges for such service that are agreed to with the rail shipper in a rail transportation contract, or are in accordance with the requirements applying to rates of common carrier railroads as provided in 49 USC , 10701-10705, including the requirement that rates for market dominant rail traffic must be reasonable. DTERS shall be entitled to impose reasonable rental fees and terms for the use of the North-South Rail Line by the common carrier railroad. In the event that NPPD constructs an electric generating station or other facility on such property and requires "unit train" rail service (entire trains of 100 or more railcars moving in shuttle service from origin to destination and back) to such facility, DTERS will if requested by such owner negotiate in good faith with respect to the granting of non-exclusive overhead trackage rights to the cOlUlecting carrier carriers that will deliver such trains to the North-South Rail Line, in order to permit the delivering carrier or carriers to operate such trains over the North-South Rail Line all the way to the destination facility. DTERS shall have the right to insist on reasonable terms and conditions, including compensation, for any such trackage rights operations, and DTERS (or the common carrier railroad designated under (a) or (b) above, as the case may be) shall retain control over access to and operations on the North-South Rail-Line. Except as specifically provided in this section, DTERS shall have no obligation to provide, or to permit others to provide rail service in, to, or for the benefit of, any party, or upon any trackage in the CAAP other than the North-South Rail Line. Neither DTERS nor the common carrier railroad shall have any obligation to construct or maintain any connections, spurs, sidetracks or other rail facilities connecting to the North-South Rail Line except as may be required under the Interstate Commerce Act, 49 USC, 10101, et seq. DTERS shall allow a switch connection to the North-South Rail Line with any private spur track connecting to the NPPD Designated Property and to those owners of property within the CAAP with access to the North-South Rail Line provided the cost of such switch connection is paid by the spur track owner. 4. Maintenance of Rail and Rail Right of Way DTERS shall be responsible for the maintenance of all track and railroad easements included in the DTERS Designated Property in their current condition, or if upgraded or 2