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or incentive pay and/or be subject to penally payments. Contractor is responsible for any train performance and <br />( incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a <br />train delay caused by Contractor or its subcontractors. <br />The contractual relationship between Railway and its customers is proprietary and confidential. In the <br />event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the <br />extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be a; high <br />as S50,000.00 per incident. <br />Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so <br />as to not cause any delays to any trains. <br />Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this <br />letter, which, upon execution by Railway, will constitute an Agieenieni between us. <br />(Contractor) <br />(Title) <br />City:_ State:__Zip:_ <br />r <br />Capital Projects commuter RAil <br />06 <br />Everett Station Phase 2 <br />The Burlington Northern and Santa Fe <br />Railway Company <br />Name: <br />Manager Public Projects <br />Accepted and effective this _day of 20_. <br />EXHIBIT "C-1" <br />IFB No. RTA/CP 21- <br />Form 0103 Rev. 02/04 <br />