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, <br /> (r) Delay Dama�es. 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 /> determine 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 /> Minor Train Delay Liquidated Damages <br /> Maximum Delav Per Train Per Dav(minutes/seconds) Char�e per Train <br /> 1'Ol"to 2'00" $ 2,500 <br /> 2'O1"to 5'00" $ 6,500 <br /> 5'O1"to 10'00" $13,000 <br /> 10'O 1"to 15'00" $20,000 <br /> Major Train Delay Liquidated Damages <br /> No. of Trains Delayed More Than <br /> 15 Minutes in Any Calendar Month Char�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 /> Licensee shall pay to Railroad the sums set forth above within 45 days of receipt of <br /> invoice from Railroad. <br /> (s) No Blastin�. Licensee shall not conduct any blasting on the Property <br /> without the prior written authorization of Railroad. <br /> (t) Workplace Safetv. 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 /> (u) Conflict with Operating S_ystems 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 /> (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 /> 923792.4 <br />