In particular, the Sidetrack Agreement is a contractual clause that protects the Company from any liability for any loss that may occur on the property on which the track is located. For example, the company enjoys legal immunity in the event of property damage. We hope you will better understand the importance of the Sidetrack agreement. Finally, CSX cited paragraph 7.4 of the Sidetrack agreement, stating that “the government should pay this claim to CSX if the standard of care contained in the agreement between the parties is established.” Id. am 19. The Sidetrack agreement is an agreement between an owner and a railway company that adds specific exclusions to liability insurance coverage. The “side track” refers to a vast expanse of railway tracks that run through the landowner`s land. Under a typical branch line contract, a landowner agrees to take responsibility for accidents on the branch line. This includes claims for property and personal injury. In other words, if a train hits someone or something on the side track, it is the owner`s insurer, not the railway`s insurer, who is safe. Landowner liability insurance should refer to the side lane agreement when providing details about the landowner`s coverage. Diverted track agreements are developed when the design of a railway system concerns private property. Railway company officials will contact the landowner and ask for permission to build a vent track on their property in exchange for financial compensation.
The terms of the Agreement include the rights and obligations of each party, including financial liabilities, ownership of Sidetrack Equipment and procedures for terminating the Agreement. The agreement could stipulate that the landowner undertakes not to obstruct or alter the access road or restrict the railway company`s access. The contracting parties agree to assume full responsibility if a breach of contract results in a claim. . . .