|
ROU 920316
<br /> Form Approved,AVP-Law
<br /> confidential in nature. The Parties agree that all such information, including the Environmental Report,
<br /> shall be distributed only to those officers, directors and employees of Railroad and Licensee who are
<br /> authorized by the Railroad to receive such information.
<br /> B. Government agencies that are authorized by law to obtain the Environmental Report,
<br /> including any data,samples, laboratory analyses,and/or other information relied upon to develop the
<br /> Environmental Report, are authorized by the Railroad to receive the Environmental Report when
<br /> requested pursuant to legally applicable federal,state or local mandate. Licensee agrees that the Railroad
<br /> shall be notified of any request by a federal, state or local government agency for copies of the
<br /> Environmental Report and/or related information.
<br /> C. The Licensee agrees to take all reasonable measures to assure continuous confidentiality
<br /> and protection of the Environmental Report, including keeping copies to a minimum and maintaining a
<br /> log that identifies each and every individual that has had access to the Environmental Report or has
<br /> otherwise taken possession of the Environmental Report.
<br /> D. Adequate instructions shall be issued by the Licensee to all affected officers, directors,
<br /> employees and consultants of the Licensee as necessary to satisfy the confidentiality provisions of this
<br /> Agreement.
<br /> E. The Licensee's contractors, subcontractors, consultants, lenders, counsel and advisors,
<br /> including legal counsel, that are hired to assist, conduct, prepare and/or review the Environmental Report,
<br /> shall not be provided a copy of the Environmental Report and/or related information until they agree in
<br /> writing to adhere to all the provisions of this Agreement.
<br /> F. Licensee agrees that the Environmental Report, and all associated data, samples,
<br /> analyses, and other information,are and shall remain the personal property of the Railroad. Upon
<br /> completion of its work, Licensee agrees to turn the Environmental Report and all associated data and
<br /> other information, including all copies thereof, over to the Railroad.
<br /> G. In addition to any other remedy at law,the Parties agree that either Party shall have the
<br /> right to enjoin the other Party, including the other Party's contractors, subcontractors, consultants, lenders,
<br /> counsel, and/or advisors, in any court of competent jurisdiction for breach of the confidentiality
<br /> provisions of this Agreement.
<br /> H. All the terms contained in this Agreement shall survive completion of any work
<br /> authorized by this Agreement, as well as any related discussions and/or negotiations. The Licensee and
<br /> Railroad agree to be bound by the confidentiality provisions of this Agreement in perpetuity.
<br /> Article 10. SPECIAL PROVISION—RAILROAD FLAGMAN; WHEN REQUIRED;
<br /> FLAGGING CHARGES.
<br /> A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),
<br /> material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of
<br /> Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch
<br /> for trains, pursuant to the terms of the attached Exhibit `B'. All expenses connected with the furnishing
<br /> of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad
<br /> all charges connected therewith, within 30 days after presentation of a bill therefore.
<br /> B. One and one-half times the current hourly rate is paid for overtime, Saturdays and
<br /> Sundays; two and one-half times current hourly rate for holidays.
<br /> Exhibit B
<br />
|