Common use of Termination of Arbitration Clause in Contracts

Termination of Arbitration. 14(1) Arbitration shall be terminated: a) by agreement between the parties, or b) if a settlement is reached between the parties during the arbitration and prior to the award being delivered to the parties. The following items contained in CP Tariffs for the provision of optional or incidental services are subject to the CDR process in respect of disagreements on the correctness of application of the tariff items as invoiced by CP. For greater clarity, the Arbitrator may amend neither the amounts nor the conditions set out in the tariffs. The application is limited to incidental services provided within Canada. The application of demurrage has an overall Canadian network impact. Cars that do not move cause yard congestion, reduce overall fleet velocity and as a result directly reduces overall car supply/fleet carrying capacity across diverse customers, as well as directly impact the level of service being delivered. The objective of the program is to establish a balance between performance incentives for CP to supply cars on the desired date once guaranteed, with performance incentives for the customer not to cancel orders or release cars without a load. CP encourages electronic data interchange (EDI) transactions to avoid errors, delays and service failures. Railways e-business tools are made available without charge to customers. This includes items such as cars ordered but not used, released but not available to pull and incorrect placement. Accurate and complete ▇▇▇▇ of Lading information is required for on-time delivery of service, smooth border crossing of traffic and to conform to safety and legal requirements for hazardous materials. When the customer fails to provide all the necessary information, their car must be held for further instructions instead of being expedited to destination. Receivers are responsible to clean cars after unloading to ensure ready for next move. When they choose not to, the railways will perform or arrange for this optional service to allow the car to be loaded by the next shipper. Car is being held at the request of Canadian or US Customs. Security measures designed to improve safety and security at the border drive these hold requests by customs. This may be because of erroneous Customs documentation provided by the customer or their agent, or because of random Customs check. The customer has in their control, by ensuring that accurate documentation is provided, the capability to avoid the non-random holding of their shipment. Customers have many options independent of CP. They can build their own tracks to store their leased/owned cars, they can store with shortlines – of which many offer this service, they can store with industries or third parties who offer the service, they can right size their fleet at a lower level, they can store on other US railroads at destination, or they can consider the optional services offered by CP. Customer has the choice to hire a third party contractor to perform intraplant car switching, or acquire a trackmobile (or the like) to have their own employee move the cars around in plant as required, or use the optional services of the railways to perform these intraplant activities. Special dedicated train services are those that are beyond regular scheduled services. Customers’ option is to use regular scheduled services or to use another mode if traffic is urgent. When the customers cannot perform this work themselves, or require assistance to efficiently and safely load and secure or unload their railcar, they have the option to hire a contractor, and in fact are encouraged to do so.

Termination of Arbitration. 14(1) Arbitration shall be terminated: a) by agreement between the parties, or b) if a settlement is reached between the parties during the arbitration and prior to the award being delivered to the parties. The following items contained in CP Tariffs for the provision of optional or incidental services are subject to the CDR process in respect of disagreements on the correctness of application of the tariff items as invoiced by CP. For greater clarity, the Arbitrator may amend neither the amounts nor the conditions set out in the tariffs. The application is limited to incidental services provided within Canada. The application of demurrage has an overall Canadian network impact. Cars that do not move cause yard congestion, reduce overall fleet velocity and as a result directly reduces overall car supply/fleet carrying capacity across diverse customers, as well as directly impact the level of service being delivered. The objective of the program is to establish a balance between performance incentives for CP to supply cars on the desired date once guaranteed, with performance incentives for the customer not to cancel orders or release cars without a load. CP encourages electronic data interchange (EDI) transactions to avoid errors, delays and service failures. Railways e-business tools are made available without charge to customers. This includes items such as cars ordered but not used, released but not available to pull and incorrect placement. Accurate and complete ▇▇▇▇ Bill of Lading information is required for on-time delivery of service, smooth border crossing of traffic and to conform to safety and legal requirements for hazardous materials. When the customer fails to provide all the necessary information, their car must be held for further instructions instead of being expedited to destination. Receivers are responsible to clean cars after unloading to ensure ready for next move. When they choose not to, the railways will perform or arrange for this optional service to allow the car to be loaded by the next shipper. Car is being held at the request of Canadian or US Customs. Security measures designed to improve safety and security at the border drive these hold requests by customs. This may be because of erroneous Customs documentation provided by the customer or their agent, or because of random Customs check. The customer has in their control, by ensuring that accurate documentation is provided, the capability to avoid the non-random holding of their shipment. Customers have many options independent of CP. They can build their own tracks to store their leased/owned cars, they can store with shortlines – of which many offer this service, they can store with industries or third parties who offer the service, they can right size their fleet at a lower level, they can store on other US railroads at destination, or they can consider the optional services offered by CP. Customer has the choice to hire a third party contractor to perform intraplant car switching, or acquire a trackmobile (or the like) to have their own employee move the cars around in plant as required, or use the optional services of the railways to perform these intraplant activities. Special dedicated train services are those that are beyond regular scheduled services. Customers’ option is to use regular scheduled services or to use another mode if traffic is urgent. When the customers cannot perform this work themselves, or require assistance to efficiently and safely load and secure or unload their railcar, they have the option to hire a contractor, and in fact are encouraged to do so.