ITC Ind Dev-New Trk 03/01/03
Form Approved, AVP-Law
INDUSTRY TRACK CONTRACT
ARTICLES OF AGREEMENT
THIS AGREEMENT is made and entered into as of the 27th day of May, 2005, by and
between UNION PACIFIC RAILROAD COMPANY , a Delaware corporation, to be addressed at
1400 Douglas Street, Omaha, NE 68179 (hereinafter the “Railroad”), and CXT, INC., a Delaware
corporation, to be addressed at 2420 North Pioneer Lane, Spokane, WA 99216 (hereinafter the
The Industry desires the construction, maintenance and operation of a 5,135-foot Track A,
4,866-foot Track B, 647-foot Track C and 1,245-foot Track D (hereinafter “Track”) at or near
Milepost 146.0, Kearney Subdivision, in Grand Island, Buffalo County, Nebraska, as shown on
the attached drawing dated February 11, 2005, marked Exhibit A , hereto attached and hereby
made a part hereof.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
Article 1. RELATED AGREEMENT .
This Agreement is made pursuant to the terms and conditions contained in the Agreement
dated January 21, 2005, between the Railroad and Industry (the “CXT Tie Agreement”).
Article 2. TRACK IDENTIFICATION MARKERS .
For the purpose of this Agreement, the following segments of the Track shall be identified as
Article 3. PORTIONS OF TRACK TO BE CONSTRUCTED BY RAILROAD .
The Railroad will construct all track depicted on Exhibit A as “Proposed R.R. Owned Track.”
Engineering Station 0+00 -
the initial switch connection or sometimes referred to as the point
Engineering Station 1 +42 -
the initial 13—foot clearance point of the track. It is the point on the
track where a rail car either being moved or stored on the track will
not interfere with the movement of other rail cars on adjacent main,
branch or lead trackage owned by the Railroad.
Engineering Station 51+35 - th