Common use of Acquisition of Railroad Easements Clause in Contracts

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 CSX Corporation and the Norfolk-Portsmouth Railroad Company, and facilitate the negotiation of a construction agreement between Concessionaire and CSX Corporation and the Norfolk-Portsmouth Railroad Company, respectively (“Railroad Easements”). Notwithstanding the foregoing, the Concessionaire will reimburse the Department for actual costs incurred by the Department in the Department’s efforts to obtain such Railroad Easements, to the extent such costs are incurred by the Department as a result of any Concessionaire Party’s misconduct, negligence or other culpable act, error or omission. EXECUTION VERSION – DECEMBER 5, 2011

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 CSX Corporation and the Norfolk-Portsmouth Railroad Company, and facilitate the negotiation of a construction agreement between Concessionaire and CSX Corporation and the Norfolk-Portsmouth Railroad Company, respectively (“Railroad Easements”). Notwithstanding the foregoing, the Concessionaire will reimburse the Department for actual costs incurred by the Department in the Department’s efforts to obtain such Railroad Easements, to the extent such costs are incurred by the Department as a result of any Concessionaire Party’s misconduct, negligence or other culpable act, error or omission. EXECUTION VERSION – DECEMBER 5, 2011.