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CASS COUNTY GOV 7012822226 06/03 '02 08:31 N0.029 06/08 12. LINE ABANDON'M~I~YI': The terms of this Contract in no way obligate Railroad to continue ownership, maintenance (including weight standards) or operations of any mil lines. Railroad wil! not be liable for any increused transportation costs or consequential damages that may result from such discontinuation. As Customer's sole remedy, if Customer fails to meet any MV of this Contract, due solely to discontinuation, the Ivrv for the then ctm'~t P6iiod shall be waived. 13. MISCELLANEOUS CONTRAC~PROIrI~IONS: ~ This Contract comprises the entire Contract and merges and sup,rsedes all prior understandings and representations between Customer and Railroad concerning the subject matter or in consideration thereof. Amendment: All amendments to the terms of this Contract be in writing, signed by the parties, and filed according to 49U.8.C. #10713. Audig RRVWreserves the right to audit Customers records concerning shipments and payments made under this contract. Default: If any party shall default in any material covenant, condition or obligation of this Contract which is not excuseA by Section 9, and continues in default for a period often (10) days after written notice is given to the defaulting party of the default, the non-defaulting pa.ny(s) may, without prejudice to other right and remedies, terminate this Contract by giving written notice to the parry in default. Thc variable terms and conditions of this Contract are confidential. No party shall disclose them other than as required by the ICC and/or relevant State Commission, by law or legal process, or as otherwise agreed to in writing by the parties. The blank unexecuted form itself is not confidantial. In thc event of'a legal dispute between the parties, thc Contract in whole or in part may be disclosed if relevant to the dispute. 15, MINIMUM VOLUME REOUIREI~EN~ (X) None. ( ) See Exhibit A attached hereto. 4