【正文】 CSX TRANSPORTATION, INC. By: Name: Title: APPENDIX to Agreement between _________________ and ___________________, dated _________________.PRICE, PAYMENT and DELIVERY TERMS1. Delivery Terms: Agreement prices for the Goods are FOB: . Purchasing amp。 (iii) any other document incorporated herein by reference。s ability to meet it obligations under this Agreement. Examples of where such notice shall be given, shall include, but not be limited to any loss, reassignment or unavailability of key employees, a force majeure event, threat of strike, or major equipment failure, changed requirements, or third party delays. 13. Force Majeure. A party shall be excused from performing its contractual obligations if it is prevented or delayed in such performance by conditions that constitute force majeure, such as acts of God, acts of terrorism, acts of the public enemy, labor disturbances, authority of law, fire or explosion, war or warlike act, insurrection, a party’s reasonable response (by way of example and not limitation, such as taking evasive action or canceling meetings or events) to a Governmental warning affecting local or national security, or any like causes beyond its control. A party wishing to take advantage of the relief provided in this Section must as soon as practical advise the other party in writing of the existence of the force majeure condition and the estimated time of its duration. The parties shall cooperate to ascertain the facts and the effect of the delay on, and make appropriate adjustments where necessary. 14. Prohibition on Improper Influences. Seller represents that it has not and will not provide any gift, rebate, or other pensation excluding nominal business entertainment or gifts to any official, employee, representative, or agent of Purchaser or any of its affiliated or subsidiary panies. Seller further represents that none of its officials or employees are known to be employed by Purchaser or any of its affiliated or subsidiary panies. Seller agrees to promptly notify Purchaser if Seller bees aware of information requiring modifications to either of the foregoing representations. 15. Insolvency. In the event Seller shall file a voluntary petition in bankruptcy, or a petition in bankruptcy shall be filed against Seller, or Seller shall make an assignment for the benefit of its creditors, or Seller shall apply for relief in any form as a debtor under any statute of the United States or laws or regulations of any other governmental authority, or any other proceeding under any statute of the United States or laws or regulations of any other governmental authority seeking the relief or readjustment of Seller39。 or (ii) notify Seller of nonpliance, defects, or deficiencies in the Goods, which Seller shall repair and/or correct at Seller’s expense within ten ( ) days of such notice and such repairs shall carry a warranty equivalent to that set forth in the Appendix running from the date of Purchaser’s acceptance of such repaired Goods。 (c) all services will be performed in a workmanlike, efficient and safe manner and will conform to standards generally accepted in the trade or industry involved。 AGREEMENT THIS AGREEMENT (this “Agreement”) is made as of this __ day of __________, 200_, (the “Effective Date”) by and between _________________. (Purchaser) and _________________ (Seller).W I T N E S S E T H: WHEREAS, Purchaser wishes to purchase ________________ from Seller。 (b) all Goods will be of merchantable quality, fit and sufficient for the purpose ordered and municated to Seller, and will be free from latent or patent defects in material and workmanship。s expense, in which event conforming Goo