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<br />6.1A <br />Page 30 <br /> <br />(r) Delay Damages. In the event that Licensee's acts or omissions cause <br />delays to Railroad's commuter train operations, the Railroad will sustain damages, and it <br />is agreed by the parties that it is impracticable and extremely difficult to ascertain and <br />detennine the actual damages which Railroad will incur in the event of and by reason of <br />such delay. The charges cover such costs as: 1) Additional train crew labor costs; 2) <br />Additional Railroad inspector costs; 3) Costs of establishing any bus bridges; 4) Lost <br />passenger revenues; and 5) Customer rebate costs. <br /> <br />Minor Train Delay Liquidated Damages <br /> <br />Maximum Delay Per Train Per Day (minutes/seconds) <br /> <br />1 '01" to 2'00" <br />2'01" to 5'00" <br />5'01" to 10'00" <br />10'01" to 15'00" <br /> <br />Charge per Train <br />$ 2,500 <br />$ 6,500 <br />$13,000 <br />$20,000 <br /> <br />Major Train Delay Liquidated Damages <br /> <br />No. of Trains Delayed More Than <br />15 Minutes in Any Calendar Month <br /> <br />1 to 2 <br />3 to 4 <br />5 to 6 <br />7 or More <br /> <br />Charge per Train <br />$20,000 <br />$40,000 <br />$60,000 <br />$80,000 <br /> <br />Licensee shall pay to Railroad the sums set forth above within 45 days of receipt of <br />invoice from Railroad. <br /> <br />(s) No Blasting. Licensee shall not conduct any blasting on the Property <br />without the prior written authorization of Railroad. <br /> <br />(t) Workplace Safety. Licensee shall at all times comply with the <br />provisions of the Federal Railroad Administration regulations, including 49 CFR Part <br />214, pertaining to Railroad Workplace Safety, and Railroad's On-Track Safety Program. <br /> <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 <br />Operating Systems Interface and Track Specifications and Design Guidelines for Grade <br />Separations, the provisions of Operating Systems Interface and Track Specifications and <br />Design Guidelines for Grade Separations shall control. <br /> <br />(v) Protection of Railroad Facilities. The presence of Railroad's <br />representatives, conductors, inspectors, flagmen or watchmen may be required when <br />Licensee or any of Licensee's forces or contractors are working on or near the Property <br />and will be provided by Railroad to protect its facilities, property and movements of its <br />trains or engines. In general, Railroad will furnish such personnel or other protective <br />devices: <br /> <br />923792.4 <br />