Laserfiche WebLink
<br />8. This MOD will be effective on the date first above entered and the parties agree to <br />negotiate in good faith during the next ninety (90) days to agree upon an appropriate structure and <br />to complete the Definitive Agreements and modification" of prior agreements necessary (if any) to <br />implement the same. This MOD is only an expression of the parties' mutual intent regarding the <br />proposed transaction and does not constitute a complete statement of the intended structure of the <br />transactions, of all essential terms for providing such service or of a legal binding and enforceable <br />agreement of the State and BNSF. In the absence of execution of the Definitive Agreements <br />mutually acceptable to both parties, this MOD will be of no further force and effect. <br /> <br />9. It is contemplated that the Northstar Commuter Rail Service may be expanded to St. <br />Cloud area or by constructing additional stations or providing additional service. In such event the <br />parties recognize and agree that additional agreements will be necessary between the State and <br />BNSF to implement such expanded service, and recognize and agree that any increase in the scope <br />of service, number of trains, number of stations or service territory will require additional <br />improvements and compensation to BNSF. <br /> <br />10. Notwithstanding the above provisions, nothing in this memorandum will be deemed <br />to limit or affect any party's exercise of powers or performance of such responsibilities or <br />obligations as may be authorized or required by applicable laws and regulations. <br /> <br />11. The State may assign this MOD to the Metropolitan Councilor the Northstar <br />Corridor Development Authority with prior written notification to BNSF. <br /> <br />12. This MOD may be executed in more than one counterpart, including facsimile <br />transmissions, each of which will be deemed an original. <br /> <br />IN WITNESS WHEREOF, the Parties hereto have set their hands. <br /> <br />STATE OF MINNESOTA <br /> <br />By: <br />Name: Carol Molnau <br />Title: Commissioner of Transportation <br /> <br />BNSF RAIL WAY COMPANY <br /> <br />By: <br />Name: <br />Title: <br /> <br />3 <br />