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Lakewood with an Operation Respond software package, to install such software <br />for each of the cities and to train each city's personnel in the use of such software. <br /> <br />VIII. STB Notification. Promptly upon execution of this Agreement: <br /> <br /> A. BRL and NS will notify the STB in writing that they have entered into <br /> <br />this Agreement and will advise the STB of the terms of this Agreement. BRL and <br />NS will further request at that time that the STB adopt the terms of this <br />Agreement as a condition of the STB's approval of the Conrail Application; and <br /> <br /> B. BRL will advise the STB in writing that, in consideration of this <br />Agreement, it is withdrawing its request for conditions to be imposed on NS or <br />affecting NS to mitigate environmental impacts of the Transaction. <br /> <br /> IX. Conditions. The commitments set forth above, with the exception <br /> <br />of the commitments made in the third sentence of Section I. A. 2. hereof and in <br /> <br />Section VIII. hereof, are conditioned on: <br /> <br /> A. The STB's approval of the Conrail Application, provided that such <br /> approval does not include the imposition upon NS of any conditions for <br /> mitigation in BRL that are both: (1) other than the conditions recommended in the <br /> Final Environmental Impact Statement ("FEIS") issued by the STB's Section of <br /> Environmental Analysis on May 22. 1998, and (2) materially inconsistent with, in <br /> lieu of, or supplemental to the commitments in this Agreement, including but not <br /> limited to any imposed condition requiring further study and evaluation of <br /> impacxs and mitigation options for BKL as related to the operations of NS; and <br /> <br />14 <br /> <br /> <br />