Commodity Flow Request
By filling out the below request and submitting you acknowledge and agree to the terms set forth by BNSF Railway Company for the use and dissemination of the BNSF’s Hazmat information. BNSF Railway Company considers this information to be confidential business information and restricted information of a security sensitive nature. You thus affirm and agree that the information provided by BNSF in this report will be used solely for and by bona fide emergency planning and response organizations for the expressed purpose of emergency and contingency planning. If the recipient of this agreement or any of its representatives receives a request to disclose any part of the Confidential Information under the terms of a Freedom of Information Act request, subpoena or order issued by a court or other governmental body with the power to compel compliance with its requests, the recipient shall (i) notify BNSF Railway Company immediately of the existence, terms and circumstances surrounding the request, (ii) consult with BNSF Railway Company on the advisability of taking legally available steps to resist or narrow such request, and (iii) if disclosure of such Confidential Information is required to prevent the recipient from being in contempt or subject to other penalty, (iv) furnish only such portion of the Confidential Information as, in the written opinion of counsel satisfactory to BNSF Railway Company, the recipient is legally compelled to disclose, and (v) use its best efforts to obtain an order or other reliable assurance that confidential treatment will be accorded to the disclosed.