Transportation Access Permit

TRANSPORTATION ACCESS PERMIT

WHEREAS, the Issuing Authority grants conditional access to specified transportation facilities, rights-of-way, loading areas, and related operational areas under the terms set forth herein; and

WHEREAS, Permittee represents that Permittee will comply with all applicable laws, regulations, safety protocols, and the conditions of this Permit during the period of authorized access; and

WHEREAS, the parties desire to set forth the scope, duration, conditions, and payment terms for such access by written agreement.

Permit Identification

Permit Number:    Issuance Date:    Expiration Date:

Parties

Authorized Vehicles and Operators

Scope of Work

The Permit authorizes the Permittee to enter and operate within the locations and time frames described below for the purpose of transporting, loading, unloading, staging, or related transportation activities strictly as set forth in this Scope of Work.

Access Privileges and Restrictions

Select the privileges granted under this Permit (select all that apply):

Loading zone access    Terminal entry    Temporary right-of-way crossing

Hazardous Materials Allowed: Yes    No

Payment Terms

Permit Fee Amount: $

Late Payment Fee:    Payment Due Within:

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Permit for convenience upon days' written notice to the other party. Issuing Authority may revoke immediate access without prior notice if Permittee fails to cure a material breach or presents an imminent safety risk.

Insurance, Indemnity and Safety

Permittee shall maintain insurance in types and limits sufficient to cover liability arising from the permitted activities, including commercial automobile liability and general liability as required by the Issuing Authority. Permittee agrees to indemnify and hold harmless the Issuing Authority, its officers, agents and employees from and against any claims, liabilities, losses, damages, costs and expenses arising out of Permittee's performance under this Permit, except to the extent caused by the Issuing Authority's gross negligence or willful misconduct.

Compliance and Conditions

Permittee shall comply with all applicable statutes, ordinances, regulations, safety protocols, and any additional site-specific rules provided by the Issuing Authority. Permittee shall ensure operators have been briefed on site-specific hazards and display any required credentials while on site.

Permittee acknowledges and agrees to the following conditions and certifications:

Permittee has reviewed operational restrictions and will ensure all drivers and personnel adhere to posted and communicated rules.

Permittee will maintain required insurance and provide certificates of insurance upon request by the Issuing Authority.

Confidentiality

Each party shall maintain as confidential all non-public information obtained in connection with the Permit that is expressly designated confidential or that a reasonable person would understand to be confidential. Confidential information shall not be disclosed to third parties except as required by law, regulation, or with prior written consent of the disclosing party. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party.

Governing Law; Entire Agreement

This Permit shall be governed by and construed in accordance with the laws of the state identified by the Issuing Authority. Any dispute arising under this Permit shall be resolved in the appropriate courts of that state. This Permit, including any attachments and incorporated conditions provided in writing by the Issuing Authority, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements or understandings.

Amendments; Severability

Any amendment to this Permit must be in writing and signed by authorized representatives of both parties. If any provision of this Permit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgement of Receipt

By signing below, the undersigned represent and warrant that they are authorized to execute this Permit on behalf of the named party, accept the terms and conditions stated herein, and certify under penalty of perjury that the information provided on this form is true and accurate.

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