Laserfiche WebLink
1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 29 <br /> <br /> 31 <br /> 32 <br /> 33 <br /> 34 <br /> 35 <br /> <br />I~ulk. [~ou~lass <br />Anderson <br /> <br />14|51 254-7400 <br /> <br /> t ( <br /> If ~,_ Index is changed so hat _he base year differs <br /> <br /> from that in effect when the Judgment becomes final, the Index <br /> shall be converted in accordance with the conversion factor <br /> published by the United States Department of Labor, Bureau of <br /> Labor Statistics. If the Index is discontinued or revised during <br /> the term, such other government index or computation with which <br /> it is replaced shall be used in order to obtain substantially the <br /> same result as would be obtained if the Index had not been dis- <br /> continued or revised. <br /> <br /> 10. If no Alternate Route exists and if, in any period <br /> of three consecutive calendar years commencing after the expira- <br /> tion of the Injunction Period, the yearly arithmetic average <br /> tonnage carried by Lone Star Traffic over the E1 Charro Route is <br /> less than 400,000 tons (excluding ready-mix concrete), then, not- <br /> withstanding any other provision of this Agreement, the licenses <br /> and other rights to use the E1 Charro Route, granted in Paragraph <br /> 6 of this Agreement, shall be terminated, and shall be of no <br /> further force and effect as to Lone Star and/or Lone Star Traffic. <br /> <br /> 11. Notwithstanding any other provision of this <br /> Agreement, rights to use the E1 Charro Route, referred to in <br /> Paragraph 6 of this Agreement, are expressly limited to ~he trans- <br /> portation of mineral products originating from property presently <br /> owned or leased by Lone Star (referred to collectively herein as <br /> <br />"Lone Star Materials"). Lone Star covenants and agrees that it <br />!will not permit the use of the El. Charro Route by its trucks for <br /> transporting other than Lone Star Materials. As to all Lone Star <br /> Traffic which is not comprised of Lone Star's own trucks, Lone Star <br /> will inform such traffic that the E1 Charro Route shall not be <br /> used to transport materials other than Lone Star Materials. The <br /> parties specifically agree that for the period during which Lone <br /> Star is eutitled to use the E1 Charro Route, that road may be used <br /> by t~ucks carrying ready-mix concrete produced by the current <br /> lessee of a portion of the Lone Star property, any successor to <br /> that lessee, or anV other person or entity operating a ready-mix <br /> }lLcnt oil I,()l~e S~c]r tlr~.~l~erty. Such use by trucks containing <br /> ready-mix concrete shall terminate when Lone Star's use of the <br /> <br /> -16- <br /> <br /> <br />