Common use of Re-crewing Clause in Contracts

Re-crewing. With respect to the Long Trackage Right, Kansas and Ferromex currently anticipate that it will ordinarily be necessary to re-crew Ferromex Trains in order for them to complete their transit of the Long Trackage Right. Re-crewing of the Ferromex Trains using the Long Trackage shall be subject to the following: (i) Ferromex shall, immediately prior to its Train accessing the Subject Trackage of the Long Trackage Right, assure that the members of that Train’s crew have a minimum of 10 (ten) hours of service remaining available under law and confirm such hours of service remaining available under law to Kansas’ train dispatcher before entering the Long Trackage Right; (ii) When it is necessary for Ferromex trains to be re-crewed while transiting the Long Trackage Right, the Kansas train dispatcher has sole authority for determining the location at which the Train will be re-crewed and for notifying the designated Ferromex supervisor of the Train’s estimated arrival time at that location, which shall be done with at least 6 (six) hours in advance before Ferromex’s Train is scheduled to arrive at that location. The Kansas train dispatcher will designate re-crewing locations as close to the municipality of San ▇▇▇▇ Potosi as is, in that dispatcher’s reasonable operating discretion, operationally feasible; in the understanding that if the re-crewing siding referred to in paragraph (v) below is built by Ferromex, the re-crewing of Ferromex’s Trains would take place on that siding on a regular basis, except that Kansas may direct said re-crewing to occur at some other location for operational reasons not in the ordinary course of business at Kansas’ reasonable operating discretion and for the benefit of both Parties; (iii) To minimize delays, Ferromex will employ its best efforts to have each re-crew crew available for duty at the re-crewing location on the Long Trackage Right designated by the Kansas dispatcher and ready to depart by the Ferromex Train’s estimated arrival time provided by the Kansas dispatcher. Ferromex shall assure that the members of its re-crew crew have sufficient hours of service remaining available under law to allow Ferromex’s Train to move the entire remaining length of the Long Trackage Right without Ferromex’s Train re-crewing again; (iv) If a Ferromex Train is not ready to depart from the Kansas -designated re-crewing location on the Long Trackage Right within 120 (one hundred and twenty) minutes after the Ferromex Train’s actual arrival time at that location, as measured by the lapse of time between the arrival time recorded by the train dispatcher and the ready to depart time reported to the train dispatcher by the Ferromex crew, the re-crew will be counted as a failure. [****] (v) The Parties agree that Ferromex has the option to have constructed at its own cost, or pay for, a siding for the re-crewing referred to in this paragraph (e), which shall be subject to the following: [a] The siding shall be built in a location mutually agreed to by Ferromex and Kansas; [b] The construction of the siding shall be made by Kansas or a contractor submitted by Ferromex and approved in writing by Kansas;