Acquisition of Railroad Easements. The Department will obtain, at the Department’s 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 the Concessionaire and Norfolk Southern Corporation (the “Railroad Easement”). Notwithstanding the foregoing, (i) the Concessionaire will pay the Department for Allocable Costs incurred by the Department in the Department’s efforts to obtain the Railroad Easement, to the extent such Allocable Costs are incurred by the Department as a result of any Concessionaire Party’s misconduct, negligence or other culpable act, error or omission and (ii) the Concessionaire will pay the costs of any 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. This Section 8.05(a)(f) does not apply for the ▇▇▇▇ Ex Project.
Appears in 2 contracts