General Freight Tariff – 5000

The Tariff publishes various terms and charges by which RR may bill a customer or agent. These charges are designed to compensate the RR for costs incurred for activities performed or for the use of its assets. Charges and terms contained in the Tariff apply to all commodities (unless specifically omitted or otherwise explicitly provided) to all points on the RR, and to both rail controlled and private railcars.

This publication is governed, except as otherwise provided herein, by the following publications and all supplements thereto or reissues thereof:

• Official Railroad Station List, OPSL 6000-Series to the extent shown below:
  • For additions or changes in Name, Location or Abandonment of Stations
  • Prepay Requirements
  • Restrictions as to acceptance or delivery of freight
  • Changes in station facilities

  When a station is abandoned, all provisions applicable thereto are cancelled, effective on the date of abandonment

• Uniform Freight Classification, UFC 6000-Series
• Bureau of Explosives Tariff, BOE 6000-Series
• Standard Transportation Commodity Code, STCC 6001- Series
• Official Railway Equipment Register, RER 6412-Series
• Uniform Straight Bill of Lading
• AAR Loading Rules

The description of commodity(s) on the Shipping Document will conform to the Standard Transportation Commodity Code (STCC)and show the STCC number(s). When different prices are provided for the same commodity/commodities according to the type of packing or package, the type of packing or package should be shown.

The RR reserves the right to inspect shipments to determine applicable prices. When the commodity/commodities are found to be incorrectly described, freight charges will be collected according to the proper description.

Prior to the tender of freight, Consignor shall execute a Shipping Document similar in content to the Uniform Straight Bill of Lading. However, this publication shall override any inconsistent terms in the Shipping Document. By executing the Shipping Document, the Consignor is deemed to accept and be bound by the conditions of this publication including the defenses, exclusions and limitations of liability set out herein.

If a customer’s excessive retention of railcars results in operational congestion, as determined by the RR, of the Customer’s and/or the RR’s rail tracks, the RR may impose an embargo against the Customer’s receipt of further railcars until the congestion is eliminated.

Notwithstanding anything to the contrary in this publication, liability for loss and or damage of lading transported by RR is limited to twenty-five thousand dollars ($25,000) per railcar. If liability coverage beyond that provided herein is desired, the RR must be contacted for charges to apply prior to the tendering of such shipment(s) to the RR for rail transportation.

In no circumstances whatsoever, shall the RR be liable for consequential or indirect damages including but not limited to loss or profit, loss of market, product deterioration, claims based on delay in transportation, mobilization/demobilization expenses, punitive damages or attorney’s fees.

This limit of liability as well as any other defense, exclusion or limitation of liability set out in this publication shall apply in all circumstances including where the delay, loss and/or damage to commodity(s) resulted in whole or in part from negligence, gross negligence or willful misconduct of the RR, its servants, or agents.

To ensure safe, reliable, and efficient operation of our railroads, all service requests must be submitted to RR within prescribed time constraints. These times, known as “cut-off” times, vary among our railroads (and sometimes vary by day of the week, etc.).

RR will provide notice electronically (via RVP Rail Connect web portal or email) as follows:

1. On cars destined for public delivery tracks, notice will be given to the appropriate party when the car is placed.
2. On cars for other-than-public delivery tracks, notice of constructive placement will be given to the appropriate party.
3. Actual placement of a car upon the tracks of a consignor or consignee will constitute notice except when two or more parties use the same track, notice will be provided.

On refused loaded cars, it is the responsibility of consignee to advise the consignor.

Consignor, consignee, or other affected party must furnish RR forwarding instructions, empty car release information or other disposition (as applicable) electronically. When the device used indicates the time and date, such time and date will govern.

Placement Requests: All car placement requests must be submitted to RR using RVP Rail Connect. RR will accept requests via telephone, email, or fax, subject to a charge per Item 5.15.

The charge applies to each request (not a per car charge).
RR will accept billing information via three methods, at no charge:

1. RVP Rail Connect web portal / EBOL
2. Class 1 website for handling carrier, junction settlement, or switching lines
3. By making arrangements with 3rd party logistics services providers to submit forwarding instructions on their behalf via EDI or via a Class 1 website tool.

The charge applies to each request (not a per car charge).

Industry Track Agreements (“ITA”). We expect to operate with a private sidetrack agreement that establishes the responsibilities and processes necessary for use of those tracks, including important issues related to local safety, and operations. In the absence of a private sidetrack agreement, the following terms and conditions govern the use of the Sidetracks. RR reserves the right, however, to decline service on a Sidetrack in the absence of a private sidetrack agreement at any time.

A. ACCESS RIGHT

When a customer orders or accepts a Shipment from RR, they are representing that they own or have the right to grant RR access to the Sidetracks and property leading to and within the Customer facility. They further represent that by inviting the RR, its employees, agents and assigns into the Sidetrack and are accepting full liability for damage or injury to RR employees, equipment and the equipment of other parties being used to affect the Shipments in question. This allows RR to proceed unimpeded over the Sidetracks.

• RR will use the Sidetracks to deliver any railcar directed to the Customer’s facility by a valid Shipping Instruction
• RR may access and temporarily occupy Customer’s Sidetracks when useful in the course of providing local service in the Customer’s vicinity
• In the event RR delivers a railcar NOT ordered or expected by the Customer, RR will use commercially reasonable efforts to promptly remove the railcar

B. MAINTENANCE

Customers must, at their own expense, inspect, maintain, and renew Sidetracks consistent with normal operations, and in accordance with:

• The Federal Railroad Administration’s Track Safety Standards (49 C.F.R. Part 213)
• Railroad Worker Safety Regulations (49 C.F.R. Part 214)

The Customer must inform RR’s local representatives of the dates and amount of time that the Sidetracks will be out of service, whether for maintenance or other reasons. In addition, Customers must keep Sidetracks and adjacent walking areas free from:

• Debris and weeds
• Tripping or slipping hazards
• Rodent or insect nests or burrows
• Accumulations of mud and water
• Potholes and excavations
• Ice and snow
• Temporary or permanent structures and poles
• Trees and brush which obstruct visibility or strike equipment
• Other obstructions (i.e., parked vehicles)

RR has the right, but not the duty, to inspect Sidetracks. RR will not operate over any Sidetracks that are determined to be unsafe in RR’s sole discretion.

C. CLOSE CLEARANCES

Customers shall not maintain Close Clearances in the area of Sidetracks unless:

• The customer obtains a waiver from any conflicting Governmental Requirements, and
• RR approves such Close Clearance in writing.

Customers must install, maintain, and replace, at their expense, any warning signs or lighting, or make other adjustments regarding Close Clearances as may be necessary, useful, or required by any Governmental Requirements or RR.

D. CONSTRUCTION

If a customer seeks to construct new or additional, or alter existing, Sidetracks without interruption in RR service:

• All construction must be done in accordance with the provisions of RR’s current Standard Guidelines and Specifications for the Design and Construction of Private Sidetracks, and
• Customers must supply RR with construction plans for any addition, deletion, or modification to the Sidetracks, and obtain RR’s written confirmation that RR has no objections to the proposed changes prior to making any material alterations to the Sidetrack.

To facilitate safe operations and avoid interruptions of service, Customers should notify RR not less than 30 days prior to constructing or allowing the construction of any new tracks, public or private road, gate, tunnel, bridge, culvert, pit, gas-line, pipe, or other items on, over, under or along any part of the Sidetrack or right-of-way.

E. EMERGENCY ACCESS RIGHT

RR may use Sidetracks for operating purposes as long as the operations do not materially affect the use of the Sidetracks for rail service to the Customer.

F. CONTROL OVER RAILCARS

RR surrenders possession and control of each railcar, and its contents, consigned to or ordered by the Customer when:

• A railcar has been placed at Industry, Sidetrack, or Team Track and RR’s locomotive uncouples from the railcar, or
• RR’s crew departs from the locomotive if the locomotive is being left with the Customer

RR assumes possession and control of a railcar and its contents when:

• RR’s locomotive is coupled to the railcar, or
• When the locomotive has been left with the Customer, RR’s crew is on board the locomotive and has actual control over the train by initiating departure from the Private Track

Customers indemnifies RR against any damages that result from failing to secure railcars in their possession. Customers are responsible for any damage to railcars in their possession, unless damage is reported as soon as possible after RR crew relinquishes control over railcar but prior to any loading, unloading, trimming, movement, sampling, venting or attaching loading or unloading apparatus to railcar. Customers that move railcars about their facilities in order to effect loading or unloading of said cars must be on guard to prevent derailments of railcars while in their possession, should a railcar be derailed in a customer’s facility the customer must report said derailment to the RR prior to release of said car for transportation by the RR, failure to do so may incur charges from the RR. Railcars cannot be moved until the car is classified as safe for movement for the railroad. It is a Federal requirement that wheel bearings of each derailed wheel or wheel set is inspected. RR will perform these inspections and filings for all derailments that occur. For loaded cars or cars located on unsafe terrain, a crane may be required for inspection of wheel bearing(s). These additional inspection costs will be charged to the customer. In addition to the above charges, the customer will also be responsible for RR employees’ time, materials, and equipment required to fix and inspect the track.

G. HAZARDOUS MATERIALS

Hazardous Materials shall not be placed by anyone:

• On or within the area within twenty-five feet of Sidetracks,
  -or-
• On Customer property within 100 feet of RR’s connecting track.

This does NOT apply to:

• Shipments consigned to, or ordered by, a Customer accessible by such Sidetrack
  -or-
• Existing pipelines for the transportation of Hazardous Materials

H. CONTINUATION CHARGE

If the RR traffic on a Sidetrack is insufficient to justify continuing access to the RR network, RR may offer to keep its access switch in place in exchange for an annual maintenance charge as specified in Item 5.17 of this publication.

1. Where more than one privately-owned sidetrack is served by a single industry switch connection, each of the individual owners of the private sidetracks will be liable for an equal share of the charge. The total number of carloads originated or terminated on all of the private sidetracks served by the industry switch connection will determine whether the exemptions above apply.
2. RR is under no obligation to provide service to or from those private sidetracks for which any part of the applicable charge is unpaid.

I. NO RIGHT TO ACCESS RR TRACK

Protecting our network is essential to maintaining RR’s employees’ safety and RR’s service operations. No one else, including a Customer, is allowed to enter, perform any switching, or otherwise operate on any tracks owned, leased or controlled by RR. If a Customer accesses RR track without expressed written permission, Customer assumes all risk of loss and indemnifies RR against all damage, cost, liability, judgment, and expense, including attorney’s fees, in connection with any personal injury to or death of any persons or loss of/damage to any property, whether employees or property of either Customer, RR, or third persons, sustained, incurred, arising, or growing out of operations by Customer or its Agents upon RR tracks. Customers are further prohibited from accessing RR property for any purpose without the advance approval from the RR and the proper approval as well as completion and acceptance of a RR Right of Entry form.

“Actual Placement” means a car physically placed in an accessible position for loading or unloading at a point generally designated or used by the shipper or receiver (consignor or consignee).

When a car consigned or ordered to a private track, an industry interchange track, or other-than-public delivery track cannot be placed because of a condition attributable to the consignor or consignee, such car will be held by RR at destination. If it cannot be reasonably accommodated there, it will be held at an available hold point and notice shall be provided to the consignor or consignee that the car is held (naming the hold point if not held at destination) and that RR is unable to affect actual placement. Such cars that cannot be physically placed for loading and unloading (“Actual Placement”) and remain in RR control, are considered “Constructively Placed” and will accrue demurrage the same way as if actually placed. In addition to demurrage charges, any railcar that is “Constructively Placed” will also incur a Constructively Placed switch fee.

Loading is the complete or partial loading of a car within the confines of the same industry or public delivery yard and must be completed with regard to all railroad loading and clearance rules in order to ensure safety and security for all parties. Notice must be provided to the RR that the car is available for movement, and billing instructions must be furnished to RR. The RR utilizes electronic and mechanical devices capable of recording the date and time at which forwarding instructions were received from consignor or affected party. This recorded date and time will govern the release time and date of the cars.

Private and railroad-controlled cars that are consigned for delivery to private tracks, which first must be held on railroad tracks under constructive placement, are subject to demurrage provisions and charges as applicable in Section 3 of this Tariff and in each RR’s Rate Tariff Series 2000. Free time allowed will be governed by Item 3.05 of this Tariff, unless superseded by specific terms in each RR’s Rate Tariff 2000 Series.

“Unloading” means the complete or partial unloading of a car, a notice from the consignee that the car is available for movement, as well as timely provision of billing instructions for the empty car. Information provided by the consignee must include identity of consignee, date and time, car initial and number. Loaded cars (of railroad or private ownership) held for unloading on RR tracks under Constructive Placement are subject to demurrage and other provisions and charges stipulated in Section 3 of this Tariff and in each RR’s Crate Tariff Series 2000.

Except as provided in Items 2.03 and 2.04, on cars for loading and unloading on public delivery tracks or team tracks, time will be computed from the first 07:00 AM (0700) after actual placement and after required notice has been sent or given. When delivery of cars on public tracks cannot be made because cars on hand exceed track capacity, such cars will be held at an available point. Time of constructive placement will be computed from the first 07:00 AM (07:00) after notice of arrival at the holding point has been provided to consignee.

All customers utilizing public / Team tracks for unloading or loading will be charged in accordance with the railroad specific Rate tariff 2000 series and are required to have an executed public/ team track agreement.

The disposition of a car at its point of detention determines the purpose for which the car is being held and therefore the applicable rules.

All cars (railroad-controlled and private) held for or by consignors, consignees, or parties responsible for the loading or unloading of the railcar are subject to demurrage rules and charges in this section, with the following EXCEPTIONS:

1. Private cars held on leased or private tracks.
2. Cars containing freight refused or unclaimed and awaiting sale by the RR for the time held beyond legal requirements.
3. Cars assigned to shippers returned to points of assignment loaded when material is authorized to be returned without freight charges under provisions of freight publications.
4. Cars assigned to shippers returned empty to point of assignment while subject to storage rules.
5. Empty railroad equipment moving on its own wheels under transportation charges as freight.

*Note: For RR’s convenience, cars may be held at a location other than the location at which the cars were received.

A. GENERAL RULES

Demurrage is a fee charged per railcar per day for extended use of railroad assets (railcars and/or tracks) beyond the Free Time (Item 3.05) allowed for the performance of certain activities. Demurrage is an essential tool in maintaining efficient railroad operations by encouraging the optimal utilization of very expensive assets.

The purpose of demurrage charges is to ensure that cars are loaded and unloaded expeditiously, so they become available for the next shipment and track capacity is optimized for traffic to remain fluid.

B. COMPUTATION OF CHARGES

Demurrage is totaled by calculating the days the car was held by the consignor or affected party after the expiration of free time, if any free time was allowed. Partial days are rounded up to a whole day.

Item 3.05 describes the free time allowed for the completion of certain activities. After the expiration of free time, demurrage will be assessed on a per car, per day basis, until the car is released. Partial days are rounded up to a whole day. Specific charges and any additional terms and rules that may be applicable specific to each Ironhorse Resources, Inc railroad are stipulated in the Rate Tariff- 2000, issued for each railroad separately, and these supersede the general terms of Item 3.05.

Demurrage charges apply to all cars as described under the rules contained within this Tariff.

C. CARS UNLOADED AND RELOADED

WHERE RR PERFORMS SWITCHING SERVICE:

When the same car is unloaded and subsequently reloaded, each transaction will be treated as independent of the other and free time for reloading shall not begin until the first 07:00 AM (0700) after unloading is complete and billing instructions are provided.

When empty release information is not furnished, the car will be released from the unloading transaction at the date and time forwarding instructions are received.

WHERE CUSTOMER PERFORMS SWITCHING SERVICE:

When the same car is both unloaded and reloaded, each transaction will be treated as independent of the other and free time for reloading shall not begin until the first 07:00 AM (0700) after unloading is complete, in which case the industry must notify RR of the date and time car was unloaded and instructions provided within two (2) days after completion of unloading (exclusive of Saturdays, Sundays, and holidays).

If instructions are not furnished within the two (2) day period, the car will be released from the inbound demurrage transaction on the date and time empty release information is received. In the event the unloading information is not furnished before 07:00 AM (0700) of the date the loaded car is returned to the interchange track, then 07:00 AM (0700) of the date the loaded car is returned to the interchange track will be the time and date to be observed on the inbound demurrage transaction.

3.03-I RAILROAD CONTROLLED
(CARS HELD FOR LOADING/UNLOADING)

Railroad-owned or controlled cars will incur demurrage charges and be constructively placed to the shipper or receiver if the customer is unable to accept the car due to facility conditions that prevent physical placement. In such cases, the railroad will electronically notify the customer of the constructive placement. Demurrage charges will apply to the car as though it were physically placed on the customer’s track. The railroad will place the car during the next regularly scheduled switch when conditions at the facility permit. For railroad-owned or controlled railcars demurrage charges will continue to accrue while placed on customers’ industry tracks prior to the car being released empty or billed as a load.

3.03-II PRIVATE CARS HELD ON RAILROAD TRACKS (CARS HELD FOR LOADING/UNLOADING)

Private railcars held on railroad tracks will incur demurrage charges and be constructively placed to the shipper or receiver if the customer is unable to accept the car due to facility conditions that prevent physical placement. In such cases, the railroad will electronically notify the customer of the constructive placement, and the railroad will place the car during the next regularly scheduled switch when conditions at the facility permit. Demurrage charges will apply until the car is placed at the customers’ industry tracks.

3.03-III HEAVY DUTY FLATS

Heavy duty flat cars of, but not limited to, mechanical designation “FD”, “FM”, or “FW” with capacity in excess of 130 tons, will be subject to demurrage charge listed in the RR’s Rate Tariff 2000. These demurrage charges are in lieu of other demurrage charges which are specified in this publication.

For railroad-controlled cars, time will be computed from the first 07:00 AM (0700) after actual placement or constructive placement until the released empty or billed loaded. For private heavy duty flat railcars, time will be computed from the first 07:00 AM (0700) after constructive placement until actual placement on a private track.

*There is no free time for railcars in this category except as otherwise specified in Charge Rate Tariff 2000 series.

3.03-IV HAZARDOUS MATERIALS (EXCLUDING TIH/PIH)

Except as otherwise provided in Item 3.03-V for TIH/PIH commodities of this publication, the demurrage charges provided in this item apply to loaded railcars containing Hazardous Materials and to an empty railcar which on the prior move contained Hazardous Materials as specified Section 7 of this publication.

The demurrage charges as specified in the RR’s Charge Rate Tariff 2000 Series apply to a loaded railcar which contains Hazardous Materials (excluding TIH/PIH) and to an empty railcar which on the prior move contained Hazardous Materials (excluding TIH/PIH). These demurrage charges are in lieu of other demurrage charges which are specified in this publication.

For railroad-controlled cars, time will be computed from the first 07:00 AM (0700) after actual placement or constructive placement until the released empty or billed loaded. For private railcars, time will be computed from the first 07:00 AM (0700) after constructive placement until actual placement on a private track.

*There is no free time for railcars in this category except as otherwise specified in the Rate Tariff 2000 series.

3.03-V TIH/PIH

The demurrage charges as specified in the RR’s Rate Tariff 2000 Series apply to a loaded railcar which contains TIH/PIH as specified on Page 46 of this publication (STCC codes) and to an empty railcar which on the prior move contained TIH/PIH as specified on Page 46 of this publication. These demurrage charges are in lieu of other demurrage charges which are specified in this publication.

For railroad-controlled cars, time will be computed from the first 07:00 AM (0700) after actual placement or constructive placement until the released empty or billed loaded. For private heavy duty flat railcars, time will be computed from the first 07:00 AM (0700) after constructive placement until actual placement on a private track.

*There is no free time for railcars in this status.

3.03-VI CARS HELD FOR OTHER THAN LOADING/UNLOADING

Cars held for purposes other than loading or unloading will be charged demurrage as specified in each RR’s Rate Tariff and as further described in Item 3.04 of this publication. This includes cars which have been ordered, appropriated, or tendered for loading or unloading and which are later re-consigned, diverted, reshipped, or released empty, without loading.

Cars held will be subject to daily demurrage charges (per car per day), as specified in Item 3.03-VI in each RR’s Rate Tariff Series 2000. Demurrage time accrues until diverted, rebilled, or released. Cars will be released at the time bills of lading or lawful charges are received by RR or any railroad which has participated in the transportation transaction, or an order is sufficiently received to move the cars to a consignee at another station. Any other pertinent linehaul or accessorial charges apply in addition to the storage charge specified in this Item.

*There is no free time for railcars in this status.

A. GENERAL RULES

When cars are held in transit due to, or on orders of, the consignor, consignee, or owner, time will be computed from the first 07:00 AM (0700) following the sending or receiving notice of arrival. Included are cars destined for a connecting line, cars found to be overloaded or improperly loaded, and cars held for surrender of order-notify bills of lading or payment of lawful charges, cars held by RR for forwarding instructions or other disposition, or for any purpose not otherwise specifically provided for in these rules.
Orders to hold cars will only be accepted from:

1. The freight payer or its authorized representative/agent.
2. Consignee, if issuing instructions for delivery to a RR served or open industry within the switch limits of the billed destination of record at the time of the diversion request.
3. Lessee or owner of private empty equipment (UMLER is the only reference file from which ownership or lease information will be accepted).

Orders to hold cars will be accepted only if the car is in RR’s possession and has not yet been placed, interchanged or classified for delivery to the consignee, switching railroad, or connecting carrier.

Car will be held at a location of RR’s choosing, convenient to normal operations so as not to impact normal handling of the car or other shipments. Notice of arrival will be given to the party on whose order the car is held when the car reaches the holding station.

The following will apply if additional movement of the car is required at the station where the car is held

1. If the car is ordered to be moved to another location at the hold station, it will be subject to applicable switching or linehaul charges.
2. Any additional orders for movement of the car at the hold station will be subject to the applicable switching charges for each ordered movement of the car.
3. If after holding the cars, notice is submitted to RR for reconsignment, diversion, or reshipment, charges for those services shall be assessed in addition to demurrage.

On cars received from private or team tracks and held by RR for forwarding instructions or other disposition, time will be computed from the first 12:01 a.m. after they are received until proper forwarding instructions or other disposition is provided.

On cars received from another railroad and held by RR for forwarding instructions or other disposition, demurrage will be assessed from the first 12:01 a.m. (00:01) after the receipt, until proper forwarding or other disposition instructions are received.

In general, free time as stated below will be allowed for each car. However, each RR’s Charge Rate Tariff 2000 Series, or a written private agreement will supersede the free time specified in this Item.

Free time will be computed from the first 7:00 AM (0700) after constructive placement or actual placement. In all cases, after free time has expired and demurrage is being incurred, non-service days, weekend days, and holidays are included in calculating time. Before the expiration of free time, holidays, and Sundays will be excluded from time calculation. Demurrage is totaled by calculating the days the car was held by the consignor or affected party after the expiration of free time, if any free time was allowed. Partial days are rounded up to a whole day.

3.05-I EMPTY HELD FOR LOADING – RAILROAD CONTROLLED CARS AND/OR PRIVATE CARS HELD ON RAILROAD TRACKS

• Empty Held for Loading: 24 hours / 1 day

3.05-II LOADED HELD FOR UNLOADING – RAILROAD CONTROLLED CARS AND/OR PRIVATE CARS HELD ON RAILROAD TRACKS

• Loaded Held for Unloading: 48 hours / 2 days

3.05-III HEAVY CAPACITY RAILCARS:

• Empty Held for Loading: 0 hours
• Loaded Held for Unloading: 0 hours

3.05-IV HAZARDOUS (INCLUDING TIH/PIH) RAILCARS:

• Empty Held for Loading: 0 hours
• Loaded Held for Unloading: 0 hours

3.05-V CARS HELD FOR OTHER THAN LOADING OR UNLOADING:

• Empty: 0 hours
• Loaded: 0 hours

All storage handled on RR requires a fully executed private railcar storage agreement and a certificate of insurance which complies with all the terms and conditions of the fully executed private railcar storage agreement.

If both of these conditions are not in place prior to the interchange of a Customer’s private railcar(s) to a RR for storage, the RR, at its sole discretion, may accept the railcar(s) for storage in which the applicable charges as specified in RR Rate Tariff 2000 will apply to such railcar(s) until the first day of the month after all of the terms and conditions of this provision are completed.

On and after such date, the storage charges specified in the fully executed storage agreement shall apply to Customer’s railcar(s) which are placed on a RR’s track for storage. There is no Free Time for railcars in storage.

Additionally, In the event a customer makes arrangements with railroad to have a private lease track agreement or a storage agreement at a certain location, and the number of cars described in the agreement is exceeded, storage charges will be applied with no free time on all cars exceeding the lease limit. The overage charge shall be applied to all overage cars commencing on the day the limit was exceeded.

Cars held will be subject to daily storage charges (per car per day), as specified in each RR’s Rate Tariff 2000. Storage time accrues after expiration of free time as specified in Item 3.05, until diverted, rebilled, or released. Any other pertinent linehaul or accessorial charges apply in addition to the storage charge specified in this Item. Private railcars stored on private tracks are not subject to storage charges. Storage charges in Item 3.06 only apply to empty clean, empty hazmat residue, or loaded non-hazardous railcars. All loaded hazardous railcars must be handled in a fully executed private track lease.

Customer may request car movements within the boundaries of the same industry facility. Such Intra-plant movements are defined as:

1. Movement from one spot to another when final placement is at industry request and additional switching is required to place car into the requested position.
2. Movements from one track to another at request of industry.
3. Re-spotting when multiple commodities are handled on a single spur at an industry facility, and cars are not continuous.
4. When loaded or partially loaded cars are returned to the customer at their request if intercepted within yard of industry and returned to loading track, or any track within confines of same industry.

Intra-plant switching will incur charges according to RR’s Rate Tariff 2000 Series Item 4.01-I for non-hazardous railcar(s) and Item 4.01-II for hazardous railcar(s).

Intra-terminal switching consists of movement at consignor/consignee’s request between fixed facilities to another facility or track of the same Customer within the limits of one terminal (station or industry switching district) and same railroad. Facilities shall include movement from industry location where loading/unloading occurs to another, and from/to leased track not located at industry premises to/from a fixed facility.

Intra-terminal switching will incur charges according to RR’s Rate Tariff 2000 Series Item 4.02-I for non-hazardous railcar(s) and Item 4.02-II for hazardous railcar(s).

When switching charge, in whole or in part, is not absorbed in rate documents, such switching charge or portion not absorbed is in addition to the linehaul rate and will be invoiced and collected by Railroad and assessed against the consignor or consignee in addition to all other applicable charges.

When a railcar(s) is unable to be spotted at a Customer’s facility for loading/unloading upon receipt, due to the lack of space at the Customer’s receiving track, Customer’s request, etc., railcar(s) will be switched to a retention track. The RR will advise Customer with a Constructive Placement notification and apply the switch charge. The charges provided in this item are in addition to applicable demurrage charges as specified in Section 3 of this circular.

While railcar(s) are held on retention tracks, RR shall not be liable for any lading damage caused, in whole or in part, by weather, natural disasters of any kind, vandalism, terrorism, criminal or negligent acts of third parties, including but not limited to governmental actions of any kind (police, fire department, etc.).

When a fully executed private storage agreement does not exist, the switching charges as specified in the RR Rate Tariff 2000 shall apply on the movement of empty, non- hazardous or residue, railcars. Movement from Interchange to the designated storage location will constitute one way. A second, one-way movement from the storage location back to interchange will be preceded upon receipt of proper forwarding instructions as specified in Tariff Item 1.14 and Item 5.15.

For railcars that are delivered to the RR for the sole purpose of being stored on RR track, a list of cars, including the car initial, car number, load/empty status and STCC (if applicable) must be provided prior to the railroad’s interchange receipt of such railcars. In the event a list of railcars is not supplied prior to railroad’s interchange receipt of such railcars an administrative fee of $200 will be applied to each railcar as specified in each railroad’s Rate Tariff.

When a Customer has cars in a storage and/or retention status and orders movement on a single or series of railcars by specific number thar requires a switch out of the ordered linear orientation of the railcars (“Cherry Pick”), such requests will be subject to charge as specified in the RR Rate Tariff 2000 series.

When an empty railcar is interchanged to RR and delivered to Customer at their industry or track, and the railcar is delivered in direct connection with another Railroad, a per railcar charge will apply.

Additionally, if an empty railcar is released to RR with forwarding instructions to Interchange that was originally received as a load by another Railroad with direct connection to the Customer industry or track, the Industry Interchange fee will apply on the empty movement as provided by the forwarding instructions from the Customer.

Customer may be subject to fees and/or charges or, if billed by another Railroad, including but not limited to incorrect waybill information and set-back fees.

Requests for service submitted to RR after expiration of “cut- off” times (see Item 1.12) will be processed into the earliest next train available. RR may honor requests for expedited service whenever feasible and at its sole discretion, subject to an additional expedited service charge.

When an advice of movement is received within prescribed time limits and RR personnel receive a subsequent request for change after expiration of such limits, cars contained within said change are subject to the additional per car expedited service charge specified in each RR’s Rate Tariff 2000 Series.

Railcars must be properly loaded by shipper in such a manner that unloading can be accomplished from either side of the equipment. Orientation instructions will not influence operational handling. If the car is placed and must be repositioned at destination, the party requesting the service will be charged a turning car or “WYE” fee for each car that RR turns specified in each RR’s Rate Tariff 2000 Series.

If RR has access to a scale and Customer requests railcar be weighed, a per railcar charge will be assessed, along with any other demurrage, switching and accessorial charges as applicable. Item 4.14-I in RR Rate Tariff will be charged for railcars weighed in route to Customer facility and 4.14-II for railcars weighed out of route to Customer facility.

A scale test railcar is a type of railcar that is used to calibrate the weighing scales used to weigh loaded railroad cars. RR must be contacted prior to receiving a scale test railcar at interchange from a connecting carrier to arrange movement to/from Customer facility and interchange. Scale or test cars moving as a single load in regular, scheduled train service, when no load in favor of RR is generated, shall be charged to the consignor/consignee or affected party receiving such cars. An amount of no less than Item 4.15 in each RR’s Rate Tariff 2000 per railcar shall be assessed, unless different arrangements are made prior to the move.

Unscheduled train service applies when the same service that is performed during scheduled operations is performed outside the scheduled operation, without any additional work involved. For example, a RR that offers service Monday through Friday, may, at its sole discretion, offer “extra” service on Saturday or Sunday or on a holiday, that is essentially the same as the service offered during scheduled Monday through Friday operations. Unscheduled “extra train” service may be made available, per request and at the sole discretion of RR, for an additional charge as specified in each RR’s Rate Tariff 2000 Series. This charge is in addition to linehaul and any other applicable charges.

A special train is defined as service operated on expedited schedule or under special requirements requiring a dedicated crew specified by the shipper, consignee, or an agent thereof. A substantial amount of planning is required to transport specialized freight and significant time and personnel must be dedicated to ensuring the safety and efficiency of such moves, as well as the safety and efficiency of our network operations. When dedicated special freight train service is requested by shipper or consignee or required because of excessive dimensions, excessive weight, high center of gravity or any other condition not permitting normal train operation, RR will perform special train service between stations on RR.

RR will work with Customers requiring special train service, under the following terms:

Advanced notice of request, of no less than 30 days, must be provided to RR.

A Special Train Service charge shall be assessed at the time the request is made. The special charge will be assessed in addition to the negotiated linehaul charges and all other charges associated with the shipment.

Special Train Service is service customized to specific requirements and it is different than the Unscheduled (Extra) Train Service, discussed in Item 4.13. Charges will be assessed against the Customer requesting such service. Provision of special freight train (not regular) service shall be at the discretion of the RR depending upon crew availability and other railroad operating priorities

A. EMPTY IN/EMPTY OUT
When an empty railcar is interchanged for a Customer and subsequently returned as an empty railcar back to interchange or to another point on RR’s line with no loaded movement, an empty in/empty out charge will apply. This charge is a round-trip fee.

B. SWITCHING EMPTY RAILCARS FOR REPAIR

A round trip charge per railcar (See Notes 1 and 2) will apply on all railcars destined to a shop facility for cleaning, lining, re- lining, maintenance, modification or repairs. This charge is applicable only on private freight cars as registered in UMLER, that arrive at a station free of line-haul charges.

NOTE 1 – Charges apply for round-trip movement from yard tracks to shop facility and return, when moving solely on the tracks of RR. If RR switches the railcarinto the shop facility and is not the switching carrier for the eventual movement from the shop facility, then the switching charge, as named in this item, applies only on the inbound movement to the shop facility.

NOTE 2 – Unless otherwise provided on a bill of lading or in a transportation contract, the charges in this item will be assessed against and collected from the Customer ordering movement.

Loaded or empty railcars interchanged to one of Ironhorse Resources Railroads from connecting roads are in error if the railcars are any of the following:

• Are not consigned to RR or its Customers
• When RR is not in the route
• Are interchanged without proper billing instructions
• Are reported empty but are deemed loaded
• Are reported loaded but are deemed empty

These railcars will be treated as railcars received in error by connecting carrier and will be assessed charges as stipulated in each RR’s Rate Tariff 2000 series.

When cars ordered by industries (or by RR on behalf of industries) for loading from Class 1 or other connecting railroads are refused by Customers because they are not deemed in proper condition for loading, a charge will be assessed against the railroad furnishing the car.

To ensure safe and efficient operations, RR will coordinate interchange activities with connecting railroads. Failure by connecting railroads to pull cars interchanged at the agreed upon time, as well as moving cars onto RR’s tracks by connecting carrier in error or for purposes other than interchange to or from RR, will result in a charge per car as stipulated in each RR’s Rate Tariff 2000 series. Additionally, RR will charge connecting carriers a storage fee (Item 3.07) per car per day computed from the second 0001 hours after cars are interchanged until pulled.

Cars released without proper billing instructions that have to be returned to the customer facility will incur a set-back charge in addition to any other applicable linehaul and accessorial charges (including Item 5.08). This charge is applicable in the in the following circumstances:

• Railcars released empty and found to be loaded
• Railcars released loaded and found to be empty
• Customer furnishes incomplete or incorrect billing instructions

A. WITHIIN RR

A charge per Item 5.06 will apply on railcars released by Customer, pulled from the Customer industry or track but not yet interchanged beyond RR, and subsequently returned to the Customer due to incorrect or incomplete billing instructions. Upon customer request to return cars previously released to RR, RR will perform the return service at a per car charge as published in each RR’s Rate Tariff 2000 series in addition to any other applicable linehaul and/or accessorial. charges. If intercepted within the confines of industry or Customer, the Interplant Switching charges apply, as published in each RR’s Rate Tariff 2000 Series. If the car(s) requires multiple handlings, charges shall apply per handling per car (each direction or leg of the move).

B. INTERCHANGE SET BACK – ERROR RELEASED & DELIVERED OFFLINE

Cars released without proper billing instructions that are returned to us by interchange railroads will incur set-back charge as stipulated in RR’s Rate Tariff 2000 in addition to any other applicable linehaul and accessorial charges. Additionally, if shipper billed in error, the shipper is responsible for return handling charges, set-back charges, and any other app

When a foreign road delivers a railroad owned or controlled railcar to the RR for a customer to load, and the customer fails to return the loaded car to the foreign road that supplied the car, but instead ships the loaded car via another railroad, the customer will pay a charge per car to the RR plus any applicable charges that may be assessed by the foreign railroad originally supplying the car.

It is Customers’ responsibility to submit billing instructions in an accurate and timely manner. Railcars that are not promptly billed interfere with RR’s ability to operate safely and efficiently. Loaded or empty cars pulled at Customers’ request without proper shipping instructions will incur a per car fee per Item 5.08, in addition to demurrage and any other applicable charges. Railcar(s) will be placed into Constructive Placement status and subject to demurrage charges and provisions for “Cars Held for Other Than Loading/Unloading” as defined and explained in Item 3.03-VI, Item 3.04, and Item 3.05-V in this publication. Any charges incurred due to incomplete or missing billing instructions are the responsibility of the consignor or freight payer.

• Billing Instructions include:
• Valid EDI Billing and/or Written Disposition
• Customs Clearance
• Any other document that prevents RR from moving railcar

It is Customers’ responsibility to ensure that cars released are ready and able to be pulled. When Customers release an empty or loaded car and it is determined upon arrival that the equipment cannot be pulled by RR as a result of conditions attributable to consignor, loader, consignee, in-care-of party, unloader, etc. – a per car fee may be assessed as specified in each RR’s Rate Tariff 2000 Series. Included in this item are the following:

• Railcars released but not placed at the agreed upon location for access by RR
• Railcars released and placed at location that is inaccessible by RR
• Railcars unable to pull railcars due to track being blocked by debris, safety flags, locked gate, or other condition.

If the customer requests that the crew wait, Item 5.11 will apply in addition to Item 5.09. The charges associated with this section shall also be assessed in addition to demurrage and any other applicable charges.

It is Customers’ responsibility to ensure that cars ordered are ready and able to be placed or picked up. When Customers order or release an empty or loaded car and it is determined upon arrival of the crew that the equipment cannot be placed or pulled by RR as a result of conditions attributable to consignor, loader, consignee, in-care-of party, unloader, etc. – a per car fee may be assessed as specified in each RR’s Rate Tariff 2000 Series. This includes railcars unable to be placed due to track being blocked by debris, safety flags, locked gates, etc.

All “Railcars Not Able to be Placed or Pulled” will resume any applicable demurrage charges retroactively back to the point in time of when the railcar(s) were originally Constructively Placed or Actual Placed..

In the event a RR train and/or engine and crew are unable to perform switching service, or work is impeded due to causes attributable to a Customer or agent, a “Delay of Train” charge will apply for the following items and as stipulated in each RR Rate Tariff 2000 Series:

1. Crew/train waiting per hour charge (and any fraction thereof) assessed.
2. Crew returning to industry to perform service: per hour charge (and any fraction thereof) assessed. Delays include but are not limited to: rails blocked or fouled, derails, switches, gates locked, cars in process of being worked, inspected, or sealed, or other Customer request leading to delay.

A. GENERAL RULES

It is the responsibility of the shipper to ensure that its shipment complies with the AAR Loading Rules and any loading rules or instructions issued by RR. RR cannot and does not routinely inspect shipments to determine compliance with these Loading Rules considering the various requirements unique to each respective shipment needed to secure compliance with the Loading Rules. Where RR does inspect a shipment, it does so in general terms and takes no responsibility for hidden, latent, or patent non-compliance with the Loading Rules which, because of the unique characteristics of the shipment, are not readily recognizable except to a person with expertise regarding the shipment.

When cars are found to be overloaded or improperly loaded and not in conformity with railroad loading and clearance rules, the following rules will apply.

1. If found while still on Customer or RR tracks where loaded car is considered under continuous loading transaction until adjustment of the load has been made, if necessary, and final clearance is received for further movement. (See Note)
2. If found at origin after having been removed from industry or RR tracks where loaded, car will not be considered released until load has been adjusted, if necessary, and final clearance has been received for further movement. The time between furnishing of forwarding instructions and making of car available to consignor for adjustment will not be credited against applicable demurrage and other charges. (See Note)
3. If, after having left origin station, a car is found to be overloaded, RR may elect to stop the overloaded car enroute and hold it on a track where partial unloading may be accomplished. It will be the responsibility of the consignor or owner of the shipment to partially unload the car at its expense. Removal of lading must be sufficient to eliminate the overload condition as defined above. RR has no obligation to furnish any personnel, equipment or machinery that may be necessary to partially unload the overloaded car

*Note: Adjustment of load must include written advice (via email or fax) to authorized personnel of RR that shipment now conforms to railroad loading and/or clearance rules and is now ready for inspection to permit final clearance for further movement.

B. HANDLING OF OVERLOADED RAILCARS

When it is determined by the RR that a railcar is loaded beyond its registered and stenciled capacity or in excess of its maximum allowable gross weight on rail as specified in the RR’s Rate Tariff 2000, the RR may take any of the following measures:

1. Determine, on a case-by-case basis and at its sole discretion, whether the Overloaded or improperly loaded railcar may be moved safely and allowed to continue in transit; and/or
2. If the railcar requires inspection or adjustment, the RR may assess additional fees and costs to the Customer if the RR performs the inspection or adjustment; and/or
3. Place the railcar into Constructive Placement status until such time that the situation is remedied to the RR’s satisfaction and the railcar may be moved safely and allowed to continue in transit; and/or
4. At its discretion, notify the Customer that the Customer, at its sole cost and expense, shall be responsible for remedying the Overloaded or improperly loaded railcar.

None of the determinations made or measures taken by the RR shall in any way exonerate, excuse, or limit the liability of the Customer to the RR under the present Item.

In addition to the measures listed above, when it is determined by the RR that a railcar is Overloaded or improperly loaded, regardless of whether this determination is made on its railroad lines or during or subsequent to unloading, the RR shall assess and the Customer shall pay the Overloaded or improperly loaded railcar charge and applicable demurrage charges as specified in the RR’s Rate Tariff 2000 and all costs and expenses incurred by the RR associated with the delay to the railcar’s movement.

If the RR determines that a customer repeatedly Overloads or improperly loads railcars, the RR reserves the right, in the interest of safety, to embargo such Customer.

The Customer further agrees to indemnify and hold harmless the RR, its owners, Ironhorse Resources, Inc and their respective employees, officers, members, managers, and directors (the “RR Indemnitees”) from and against any and all claims, administrative proceedings, lawsuits and damages and agrees to reimburse the RR Indemnitees for any costs, lawsuits, obligations, judgments, debts, fines, sanctions, penalties and expenses of any nature whatsoever, including reasonable attorney’s fees, suffered or incurred by the RR Indemnitees arising or resulting from

1. Customer’s Overloaded or improperly loaded railcars.
2. Customer’s acts, omissions or violation of any law or regulation applicable to the loading of its railcars, except to the extent proximately caused by the grossly negligent acts or omissions or willful misconduct of the RR.

C. CHARGES

Charges for each car found to be overloaded or improperly loaded will be assessed charges as stipulated in Item 5.12 in each RR’s Rate Tariff 2000 series. Additionally, Demurrage shall accrue for each car from the time of notification by RR until RR has been advised that lading has been adjusted and the car is ready to move on to destination. No free time will be allowed, and charges will apply for all days held, including holidays.

D. CARS FOUND OVERLOADED DUE TO WEATHER CONDITIONS

Where an overloaded condition is due, in part, to weather (rain, snow, ice, etc.), applicable railroad charges (including but not limited to demurrage, storage, switching, and reweighing) will be waived if, the consignor or owner of the shipment provides a certified weight certificate showing the weight of the shipment was below the stenciled load limit of the car and such certificate is provided within 24 hours of notification of overload (excluding Saturdays, Sundays, and Holidays); and The consignor or owner of the shipment partially unloads the car or otherwise eliminates the overload condition at its expense within two days.

Absent the timely presentation of such a certified weight certificate, all railroad charges shall apply. If the overload condition is not remedied by the consignor or owner of the shipment within the two days, all applicable railroad charges shall apply, including Overload fee and demurrage. Railroad charges that would have been assessed during the two days shall be applied retroactively. RR reserves the right to charge applicable charges at any point after the first two days.

A. GENERAL RULES & DEFINITIONS

When a Customer request is placed with the RR to modify any provision or terms described below, a diversion/reconsignment charge as specified in RR’s Rate Tariff 2000 Item 5.14 will apply to the party requesting the change.

• Change in the name of the Consignee
• Change in the name of the Consignor 
• Change in the Destination
• Change in the Route
• Any other instruction given by the Customer affecting delivery and/or handling of affected railcar(s) after Interchange to the RR’s line.

RECONSIGNMENT or DIVERSION (used interchangeably) occurs when an order received by RR requires a change in the billing document of the shipment (bill of lading, waybill, service order, or any other shipping documents applicable) with or without the actual stopping of the car(s) for delivery or reforwarding.

RESHIPMENT occurs when a new contract is made by which, under a new rate, the entire original lading, without being unloaded, is forwarded in the same car to another destination, or another place of delivery at the same destination, which requires a movement beyond the confines of the industry or the public delivery track where the car has been originally delivered. When an order is received for “reshipment” it shall contain all the necessary information to transport the shipment to its new destination.

Reconsignments/Diversions and Reshipments incur charges as stipulated in each RR’s Rate Tariff 2000 Series, assessed in addition to all other applicable linehaul and/or accessorial charges. On cars held for reconsignment, diversion or reshipment, the consignee or affected party will compute time from the first 12:01 a.m. (00:01) following the sending of notice per “Cars Held for Other Than Loading/Unloading” as defined and explained in Item 3.03-VI, Item 3.04, and Item 3.05-V

Note of exclusion: “Turnover” (an order for delivery to another party) which does not involve an additional movement of the car to a point beyond the confines of the same Customer location or same public delivery yard is not a reconsignment for the purpose of applying this provision.

B. APPLICATION

Orders for reconsignment/diversion or reshipment will only be accepted from:

1. Payer of Freight (including agents and (authorized representative)
2. Shipper
3. Consignee
4. Car owner (or lessee)

Diversion and Reshipment requests will be applied at the sole discretion of the RR and will not be accepted for railcars that have already left RR’s control. RR reserves the right to reject diversion/ reconsignment requests, for any reason.

C. CHANGING A DIVERSION ORDER

Request to change or cancel a previous diversion order will be handled as a new diversion order and subject to the provisions and charges as applicable to a new diversion order.

All empty release and bill of lading information should be submitted to RR using Rail Carrier Interface™/EBOL; Class 1 website for handling carrier, junction settlement, or switching lines; or EDI transfer. RR will, however, for our Customers’ convenience, bill cars on Customers’ behalf subject to a manual waybill fee due to the time and administrative effort required. Billing instructions or empty release will accept email. RR will not accept delivery of forwarding instructions by U.S. Mail, express service, personal delivery, or any other means. Any manual input of Customer billing information (including any changes, modifications, revisions to submitted billing) is subject to a charge per each bill of lading per Item 5.15-I for non- hazardous railcars (includes loaded and empty non-hazardous railcars).

And per Item 5.15-II for hazardous residue or hazardous railcars will incur a surcharge per Item 5.15-II. Charges are specified for each RR in Rate Tariff 2000. RR reserves the right to reject any unreasonable request for service, any fax or email forwarding instructions that are illegible, whether due to poor transmission quality, illegible handwriting or otherwise.

When electronic devices are used to forward instructions and/or empty release information to RR, the date and time recorded by these devices will be the date and time instructions shall be considered as received by RR.

Shipper agrees to comply with all RR and FRA safety rules pertaining to railcars and any products or commodities therein, including providing the proper hazmat documentation including, without limitation, loaded and last contained hazmat paperwork, proper bills of lading, signage or placards, and other needed supplies as determined by RR management. RR agrees to comply with all FRA safety rules pertaining to the performance of its obligations.

All cars interchanged to RR must be in good mechanical condition and compliant with FRA regulations. All cars interchanged to RR shall have proper placards in good condition and compliance with applicable laws and regulations per the FRA. RR will replace placards at a fee of per placard as stipulated in each RR Rate Tariff 2000 series for Item 5.16 which includes the fee for the placard itself and the labor to apply placard.

Shipper agrees to comply with all RR and FRA safety rules pertaining to railcars and any products or commodities therein, including providing the proper hazmat documentation including, without limitation, loaded and last contained hazmat paperwork, proper bills of lading, signage or placards, and other needed supplies as determined by RR management. RR agrees to comply with all FRA safety rules pertaining to the performance of its obligations.

All cars interchanged to RR must be in good mechanical condition and compliant with FRA regulations. All cars interchanged to RR shall have proper placards in good condition and compliance with applicable laws and regulations per the FRA. RR will replace placards at a fee of per placard as stipulated in each RR Rate Tariff 2000 series for Item 5.16 which includes the fee for the placard itself and the labor to apply placard.

All charges under this tariff must be prepaid, unless satisfactory credit arrangements with RR have been made prior to performance of service.

Charges for services rendered under terms of this Tariff will accrue against the customer located on the RR or against the responsible rail carrier involved, unless arrangements to the contrary have been made with RR prior to performance of service.

All payment for services provided by RR, whether covered in this Tariff or not, are due and payable within fifteen (15) days for freight and thirty (30) days for non-freight following the invoice date. Payments received after expiration of the credit period shall be subject to a service charge of two percent (2%) per month (or fraction thereof) of the outstanding balance

I. Security Deposits for Payment of Demurrage and Storage Charges

All Consignors, Consignees or agents thereof conducting business with RR, or on RR’s property, will be required to apply for credit with RR.

All railroads will be required to apply for credit with the RR, except for Class 1 rail carriers and other rail carriers that conducted business with the RR.

Credit will be granted solely at the discretion of RR.

II. Security Deposits for Payment of Accessorial Charges and/or Surcharges

A security deposit to ensure payment of any accessorial charges and/or surcharges that may accrue will be required from every Consignor, Consignee, or agent thereof who:

1. Is not on the RR’s credit list, and / or
2. Fails to pay accessorial charges and/or surcharges after specific written demand referring to this tariff provision.

A deposit must be paid, by wire transfer, before any freight car is delivered to such Consignor, Consignee, or agent thereof for Loading or Unloading. A deposit on one unit of equipment is not transferable to another.

A deposit for each car shall be in the minimum amount of two hundred dollars ($200) or up to the maximum amount of accessorial charges that accrued on any one car during the preceding twelve (12) months.

In the case of a Consignor, Consignee or agent thereof receiving multiple carloads for Loading or Unloading, the total amount required to be deposited shall not exceed the lesser of the amount of existing past accessorial charges accrued by the Consignor, Consignee, or agent thereof due or $25,000.

Once the Consignor, Consignee, or agent thereof is placed on RRs’ authorized credit list, or has paid all outstanding accessorial charges and has given assurance to the satisfaction of the Carrier’s credit office that future accessorial charges will be paid within the credit period prescribed in applicable tariffs, the RR will refund the balance of the deposit to the Consignor, Consignee, or agent thereof by the 5th day of the month following that in which the equipment is released to the RR after deducting any and all unpaid accessorial charges.

Security deposits will no longer be required after the Consignor, Consignee, or agent thereof either:

• Is placed on RRs’ authorized credit list, or
• Has paid all outstanding accessorial charges and has given assurance to the satisfaction of the Carrier’s credit office that future accessorial charges will be paid within the credit period prescribed in applicable tariffs.

We are committed to addressing disputed bills urgently. If you believe that there has been a billing error, we want to make it right as quickly as possible. To be eligible for this guarantee, the following procedure should be followed:

1. The dispute must be specific in nature, applying to a specific car or car group, related to time of actual or constructive placement, release, or application of rules and terms in this Tariff.
2. Claims must be submitted in writing, within 30 days
3. Along with the specific claim (including the car initial and number and the related invoice number), a brief description of relevant facts should be included.
4. Customer or agent must pay the undisputed amount at the time the dispute is filed, according to normal bill payment procedures.

Hazardous Materials are defined as “Hazardous Wastes” and “Hazardous Substances” as named in Hazardous Materials Regulations of the U. S. Department of Transportation in 40 Code of Federal Regulations (CFR) 260 through 263 and 49 CFR 171.8 or successor thereof. Explosives are defined as Class A, B, and C Explosives as named in Part 172, Commodity List, Tariff Bureau of Explosives (BOE) 6000-Series.

Customers are required to accept delivery of carload traffic of Hazardous Materials within 48 hours after notice of arrival has been sent or given to the Consignee. Customers that anticipate that they will not routinely be able to accept delivery in a timely fashion should make alternative arrangements for storage of railcars in a Private Track Lease.

For the purpose of this publication, the term “Loss” shall mean any loss, injury, or damage which arises out of transloading, unloading and loading, transportation or disposition (including treatment, storage or disposal) of the Hazardous Materials, including, but not limited to, loss or damage to property (including, without limitation, the property of either of the Customer or RR) or to natural resources; injury or death of any person or persons (including, without limitation, employees of RR); claims, liabilities, damages, fines or penalties; costs of containment, cleanup, response actions, removal actions, remedial actions, and health assessments, as these terms are defined by applicable federal, state or local laws and regulations; fees including, but not limited to, attorney, consultant, and expert witness fees; and costs of investigation.

For greater certainty but without limitation to the foregoing, the RR’s liability for any delay, loss or damage to Dangerous Goods to the exclusions, limits and defenses set out in Item 1.09 of this publication. Customer hereby agrees to indemnify and hold harmless RR, its officers, agents and employees, from and against any and all claims, demands, liabilities and lawsuits brought by any third party or governmental agency under any theory of law against RR seeking to hold RR liable for any Loss to the extent that the Loss is caused by Customer’s act or omission, or act or omission of Customer’s own Customer or contractor, Customer’s violation of any law or regulation, Customer’s failure to accept delivery, or Customer’s breach of any other requirement including, but not limited to, Customer’s failure to provide proper identification of the Hazardous Materials to be transported, whether or not Customer relied on other parties for said identification, unless RR’s act or omission, violation of law or regulation, or breach of any requirement of this publication contributed to the Loss.

Customer hereby agrees to indemnify and hold harmless RR, its officers, agents, and employees from and against any claim for Loss, regardless of cause, resulting from an event that occurs subsequent to delivery to and acceptance of hazardous waste product by Customer, another rail carrier, or contractor, or other transporter designated by Customer, or an EPA licensed treatment, storage, or cleanup/disposal site operator designated by Customer.

Customer shall, regardless of the cause, be fully liable for and shall indemnify RR, its officers, agents, and employees against any Loss to the extent and only to the extent that such Loss or any portion of such Loss is attributable to the release or spill of a hazardous material which is not identified on the bill of lading or manifest.

Customer shall indemnify and hold harmless RR and the actual owners of equipment used hereunder from and against any and all liability for Loss resulting from future use of or exposure to the equipment where such Loss arises from Customer’s failure or negligence in inspecting and/or decontaminating equipment prior to release to RR or delivering railroad or motor carrier.

Knowledge on the part of one party of any violation of any terms of this publication by the other party shall constitute neither negligence nor acquiescence in such violation and shall in no event relieve either party of any of the responsibilities and indemnity obligations assumed in this publication.

References to RR and Customer as used in this publication shall include the officers, agents and employees of RR and Customer. Customer and RR further agree that each and all of its indemnity commitments in this publication shall extend to and include the parent and all subsidiary and affiliated companies of Customer and RR and their respective officers, agents and employees.

In the event of a conflict between provisions in this Item 7.01 and the provisions contained in Item 7.02 of this publication the provisions in Item 7.02 shall govern.

Customers will be liable for all Federal, State, Local penalties or fines which may be assessed for the holding of railcars containing Hazardous Material or TIH/PIH on railroad controlled tracks and shall be jointly and severally liable for any loss, damage, or delay to equipment or lading caused by an Act of God, a public enemy, the authority of law, labor strikes, acts of civil disobedience, the inherent nature or character of the lading, natural shrinkage, an act or default of the Customer/consignor, owner or consignee/receiver, or from any cause whatsoever which occurs while the equipment and lading is in the actual physical custody and control of RR due to the inability of the Customer to receive equipment or provide proper forwarding instructions, unless it can be proven that the RR’s gross negligence was the cause of same. Customers will be responsible for any cost incurred by RR for providing protection or surveillance of any commodity provided in this Item while held on RR property.

When a railcar is deemed unsafe based on the criteria in the bullet points below, a penalty of $15,000 may be assessed to the Customer:

• A railcar is overloaded, imbalanced or has a shifted load
• A railcar is spilling, leaking, or dusting
• A railcar containing Hazardous Material or TIH/PIH commodities or residue is identified moving on the RR’s line for which shipping instructions were not regulatory compliant
• A railcar containing a load that is mislabeled or loads not in compliance with FRA or PHMSA

When at RR’s sole discretion, safe railway operations are not possible because of an extreme condition such as, but not limited to, the conditions below, train service will be suspended, and all applicable demurrage charges will continue to accrue until condition is rectified to the satisfaction of RR’s safety/environmental staff.

• Condition or practice likely to cause permanent disability, loss of life or body part and/or extensive loss of structure, equipment or material, or repeated/or multiple unresolved conditions or practices that may have a safe work-around.

Maximum Allowable Gross Weight on Rail will vary. Gross Weight can be found in each RR’s Rate Tariff 2000 series.

These procedures establish instructions governing the movement of shipments in excess of Plate C dimensions and/or weighing in excess of applicable RR’s Maximum Allowable Gross Weight on Rail. It applies to all RR railroads and affiliates.

Shipments weighing in excess of RR’s Maximum Allowable Gross Weight on Rail require that the route over which the load is to move be checked prior to movement to determine if the roadbed and structures have sufficient capacity to safely carry the load at the timetable speed authorized for the route. Shipments in excess of Plate C dimensions require that the route over which the load is to move be checked prior to movement to determine if there is sufficient horizontal and vertical clearance to pass the load. Movements of standard equipment with larger plate dimension on routes cleared for those plates are exempt from this clearance requirement.

The RR General Manager, or designee, where the excess dimension / excess weight load will originate, terminate or traverse is the point of contact for initiating all required clearance files.

In the case of the loads originating on RR, the Connecting Class I carrier is responsible for ensuring the clearance request is generated based upon the Customer’s information. This clearance request must be provided to each railroad along the proposed route and the movement cannot be authorized until each clearance request is answered and approved.

If the Customer has already established clearance procedures with another servicing road in the route, these procedures can continue to be used. The review and approval by the Clearance Bureau are still needed prior to movement.

In the case of loads terminating on or traversing over RR tracks, the receiving road is responsible for processing the inbound clearance request to the Clearance Bureau. The movement cannot be accepted at interchange until the clearance is approved by the Clearance Bureau

Any shipment loaded (or) proposed which exceed any of the following criteria is a dimensional load requiring clearance approval.

• Exceeds 17 ft. high above the rail, “Plate F”
• Overhangs: side(s) and/or end(s) of the railcar
• Any shipment which requires the use of an idler car(s)
• Weight not to exceed tariff limits
• Requires the use of heavy duty and/or specialized equipment
• Any shipment having a combined center of gravity greater than 98 inches above the rail.