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<br />~ <br />IV <br /> <br />....~.__. t...-....,. \. <br /> <br />.~ <br /> <br />2 <br /> <br />-, <br /> <br />4. Lia~ility & Insurance. <br /> <br />a. MTM will save & hold harml~ss MTR for _accidents involving its equipment <br /> <br />occuring on MTR trackage, which result from MTM member negligence. <br /> <br />b. MTR will save & hold harmless MTM for claims arising from negligence of MTR <br /> <br />employees. <br /> <br />c. MTM will carry TRAIN standard insurance at $2 million public liability, naming <br /> <br />MTR co-insured, and will agree to coverage increases equaling 3% for each accrued year. <br /> <br />5. Work Rules. <br /> <br />a. MTM will negotiate work rule agreements with MTR unions and obtain MTR consent. <br /> <br />b. MTM will pay MTR employee wages when MTM uses their services, unless waived <br /> <br />voluntarily. <br /> <br />c. MTR will not enforce its work rules on MTM for use of MTR tracks. <br /> <br />d. MTR employees will receive free passage on scheduled MTM passenger trains. <br /> <br />6. Special Provisions. <br /> <br />a. MTM agrees not to carry revenue freight or divert common carriage revenue from MT <br /> <br />b. MTM will handle revenue freight if specifically requested by MTR.for fee. <br /> <br />c. MTM will allow MTR to use i~s equipment for special occasions under MTM <br /> <br />supervision, with full liability to MTR. <br /> <br />7. Remedies. <br /> <br />a. MTR may terminate the agreement at its discretion if: <br /> <br />MTM fails to pay annual fee <br />MTM viol~tes common carriage prov~s~on <br />MTM negligence causes a fatal accident., <br />MTM fails to provide sufficient liability insurance <br />MTM engages in two or more unauthorized operations per year without excuse <br /> <br />8., Successors. <br /> <br />.a. <br /> <br />Agreement is binding on lawful successors & assigns of both parties. <br /> <br />