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<br />923792.1 <br />Minor Train Delay Liquidated Damages <br />Maximum Delay Per Train Per Day (minutes/seconds) Charge per Train <br />1’01” to 2’00” $ 2,500 <br />2’01” to 5’00” $ 6,500 <br />5’01” to 10’00” $13,000 <br />10’01” to 15’00” $20,000 <br /> <br />Major Train Delay Liquidated Damages <br />No. of Trains Delayed More Than <br />15 Minutes in Any Calendar Month <br /> <br />Charge per Train <br />1 to 2 $20,000 <br />3 to 4 $40,000 <br />5 to 6 $60,000 <br />7 or More $80,000 <br /> <br />Permittee shall pay to Railroad the sums set forth above within 45 days of receipt of invoice <br />from Railroad. <br />(s) No Blasting. Permittee shall not conduct any blasting on the Property <br />without the prior written authorization of Railroad. <br />(t) Workplace Safety. Permittee shall at all times comply with the provisions of <br />the Federal Railroad Administration regulations, including 49 CFR Part 214, pertaining to <br />Railroad Workplace Safety, and Railroad’s On-Track Safety Program. <br />(u) Conflict with Operating Systems Interface. To the extent any of the <br />foregoing specific requirements of this exhibit conflict with provisions set forth in the Operating <br />Systems Interface and Track Specifications and Design Guidelines for Grade Separations, the <br />provisions of Operating Systems Interface and Track Specifications and Design Guidelines for <br />Grade Separations shall control. <br />(v) Protection of Railroad Facilities. The presence of Railroad’s representatives, <br />conductors, inspectors, flagmen or watchmen may be required when Permittee or any of <br />Permittee’s forces or contractors are working on or near the Property and will be provided by <br />Railroad to protect its facilities, property and movements of its trains or engines. In general, <br />Railroad will furnish such personnel or other protective devices: <br />(1) When any part of any equipment is standing or being operated <br />within 15 feet, measured horizontally, from centerline of any track on which trains may <br />operate, or when any erection or construction activities are in progress within such <br />limits, regardless of elevation above or below track. <br />(2) For any excavation below elevation or track subgrade if, in the <br />opinion of Railroad’s representative, track or other Railroad facilities may be subject to <br />settlement or movement. <br />ATTY/AGR.2026.194/JPB License - Domestic Water in Pennsylvania (REV: 07-09-26 VR) (Page 19 of 29) <br />7.G. - Page 64 of 104 <br />162