Common use of Acquisition of Railroad Easements Clause in Contracts

Acquisition of Railroad Easements. Under Section 8.05(f) of the Comprehensive Agreement, the Department has agreed to obtain, at its sole cost and expense, any easements and other property rights necessary for the Work located on property owned by Norfolk Southern Corporation, and facilitate the negotiation of a construction agreement between Contractor and Norfolk Southern Corporation (the “Railroad Easement”). Notwithstanding the foregoing, (i) Contractor will pay the Department on behalf of Concessionaire any amounts payable by Concessionaire to the Department under Section 8.05(f) of the Comprehensive Agreement resulting from any Contractor Party’s misconduct, negligence or other culpable act, error or omission and (ii) as part of the Contract Sum, Contractor shall pay all costs of any DB Work performed on the Railroad Easement and reimburse Norfolk Southern Corporation any of its costs in connection therewith, all as provided in the Technical Requirements.