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by virtue of this A~eement, to have waived any riot to seek appellate review of <br />any final order issued by the STB with respect to or following proceedings on <br />such a request by BRL for reopening of the approval of the Conrail Application. <br /> <br /> F. Modifications in the Event of Operating Changes. To preserve NS' <br />operating flexibility while affording a mechanism for addressing certain future <br />impacts of any substantial increases in NS train u-afl~c over the projections <br />described in subsection D of this section, the parties agree as follows: If during <br />the period beginning on the date on which consu'uction of the Cloggsville <br />Connection has been fully completed and concluding on the later of(i) the date <br />eight years from the Cloggsville Connection completion date or (ii) the date ten <br />years from the date on which the STB's approval of the Conrail Application <br />becomes effective, there is any period of twelve consecutive months in which the <br />average daily number of trains on the Nickel Plate line between Cleveland <br />(Cloggsville) and VermiIion equals or exceeds 26 trains per day on an annualized <br />basis, NS shall contribute $1,000,000 (one-million dollars) in additional funds to <br />the Community Impacts Fund established pttrsuant to Section V here°f for <br />mitigation projects. Such payment shall be made within 90 days after the end of <br />such twelve-month period. The provisions of this subsection shall not apply to <br />train movements prior to the date on which construction of the Cloggsville <br />Cormeetion has been fully completed, and none of the twelve-month periods of <br />trmefic increases referred to in this subsection shall include any period prior to <br />such Cloggsville Connection project completion date. <br /> <br /> <br />