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full completion o£the Cloggsville Connection and implementation oft he <br /> Operating Plan (as revised) will be 13.9 trains per day (an increase of O.4 trains <br /> per day over the base year 1995 traffic level of 13.5 for this line se~m'nent). <br /> <br /> E. Re~nresentations Ri~garding Traffic Projections. NS represents that it <br />has applied all relevant and appropriate infommfion available to it to project that <br />the number of freight trains on the Cleveland (Cloggsville) to Vermilion rail line <br />segment through BRL will average 13.9 trains per day following full completion <br />of the Cloggsville Connection and through at least the remainder of the period to <br />which the projections in NS' Operating Plan pertains. NS further represents that <br />it is not aware of any information that would render this projection incorrect or <br />unreliable. NS agrees that, in the event that its projection should materially <br />understate the aemai average number of freight trains operated on this line <br />segment during such period and thereafter, BRL shall not be deemed to have <br />waived in this A.m'eement such rights as it may have at such time to seek <br />reopening ofthe.STB's approval of the Conrail Application, pursuant to <br />applicable laws and regulations governing reopening of such proceedings, for the <br />limited purpose of reconsideration of the adverse environmental impacts of the <br />Transaction upon BRL and of the conditions imposed by the STB for mitigation <br />of such adverse impacts. NS further agrees that in the event that BRL were to <br />seek reopening on such grounds, W BRL were to request at that time that the STB <br />utilize an expedited schedule for consideration of the request for reopening and <br />for any proceedings upon reopening, NS will not oppose the utilization of an <br />expedited schedule. The parties further agree that none of them shall be deemed, <br /> <br /> <br />