Illinois Administrative Code
Title 92 - TRANSPORTATION
Part 800 - RAIL FREIGHT PROGRAM
Subpart C - PROJECT REQUIREMENTS
Section 800.430 - Material Breach
Universal Citation: 92 IL Admin Code ยง 800.430
Current through Register Vol. 48, No. 38, September 20, 2024
a) Recipient:
Material breach under the contract will occur in the following instances:
1) any sale or
disposition of the rail facility (track and materials) which is not approved in
writing by the Department;
2)
failure to maintain the property at the level to which it was rehabilitated,
improved or constructed, as provided in Section
800.330;
3) failure to use the property for rail
service, as provided in Section 800.330;
4) filing of an application for abandonment
under
49 U.S.C.
109(1985) or Ill. Rev. Stat.
1985, ch. 951/2, pars. 18C-1701 et seq. in the Interstate Commerce Commission
or the Illinois Commerce Commission (92 Ill. Adm. Code 1520); and
5) failure to comply with any portion of the
contract involving the rights or obligations of the parties.
b) Department:
Material breach under the contract will occur when and if the Department fails to make any payment due to the recipient within a maximum of ninety days of receipt of a properly prepared invoice and any necessary documentation of work from the recipient.
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