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<br />b. <br /> <br />Traffic Delay Costs. <br /> <br />In the event <br /> <br />construction of the Structure causes delays to Railroad's <br /> <br />peninsula commute service, the City or its contractor will <br /> <br />reimburse the Railroad for any direct costs associated with these <br /> <br />commute train delays, such as the cost of engaging additional <br /> <br />employees to manage them, as well as actual marketing expenses <br /> <br />related to revising trains schedules and notifying the public, <br /> <br />but not for costs attendant to lost ridership resulting from the <br /> <br />delays. <br /> <br />c. <br /> <br />Extraordinary Maintenance Costs. <br /> <br />The City <br /> <br />shall reimburse Railroad for the actual costs and expenses <br /> <br />incurred by Railroad in performing any extraordinary maintenance <br /> <br />of its tracks and/or roadbed resulting from movement or <br /> <br />settlement of said tracks and roadbed during the first two (2) <br /> <br />years after construction of the Structure is completed. <br /> <br />For <br /> <br />purposes of this Section the term "extraordinary maintenance" <br /> <br />shall mean any additional track structure and/or right of way <br /> <br />maintenance that is required because of the design and <br /> <br />construction of the Structure, as determined in the reasonable <br /> <br />discretion of Railroad based on past maintenance requirements. <br /> <br />d. <br /> <br />Procedure for Reimbursement. <br /> <br />On a monthly <br /> <br />basis, Railroad shall submit to City a detailed statement of <br /> <br />costs and expenses that are to be reimbursed as provided in this <br /> <br />Section 5. <br /> <br />City shall reimburse the Railroad the total specified <br /> <br />in said statement within thirty (30) days of City's receipt of <br /> <br />the statement, provided that City may notify Railroad of any <br /> <br />217831.2 <br /> <br />-5- <br /> <br />.'r'"...".-.-Y-'.. <br />