Scrap Rail & OTM

FOB terms “As Is Where Is”. The sites are accessible by road; however, protection is required and is to be provided by the Seller. Loading and transport by truck is the responsibility of the successful buyer. Seller's Credit Management will review financials and determine potential requirements. A security deposit and/or other financial documentation may be requested as a condition to the award of business.

Safety: The contractor’s personnel must be trained in applicable track safety practices at contractor’s expense. The contractor must register the Company name and Contractor Employee's names at www.contractororientation.com, Contractor employees must complete the Contractor Orientation Course and Test. Security: Given heightened concerns regarding national security, Sellerrequires that Contractor, its employees, agents and representatives, be qualified by registering their company with the e-RAILSAFE program. The website is: http://www.e-railsafe.com Insurance: Commercial General Liability: The contractor shall keep in force during the work commercial general liability insurance in the amount of $5,000,000, combined single limit for bodily/personal injury including death and/or property damage to or destruction of property (including loss of use) caused by an accident or an occurrence and shall include contractual liability endorsement specifically granting coverage for all liability assumed by the Contractor under this agreement. This insurance shall name Seller as an additional insured and shall contain a cross liability clause. The insurance shall also specifically include liability for work performed within or around railroads and railway tracks. Automobile Liability: During the term of this agreement, the contractor agrees to purchase and maintain, at its sole cost and expense, Automobile Liability insurance on all licensed vehicles owned by, hired, leased to or on behalf of the contractor, its sub-contractor, servants or agents in an amount of no less than five million dollars ($5,000,000) per occurrence. Workers Compensation: During the term of this agreement, the contractor agrees to purchase and maintain, at its sole cost and expense Workers Compensation and Employers' Liability insurance as required by the statutes of the stat in which performance hereunder is contemplated and in the state where CONTRACTORS employees are employed.

'As Is Where Is' with all faults.