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<br /> <br /> <br /> <br />and its customer(s). Under these arrangements, if Railway does not meet its contract service <br />commitments, Railway may suffer loss of performance or incentive pay and/or be subject to <br />penalty payments. Contractor is responsible for any train performance and incentive penalties <br />or other contractual economic losses actually incurred by Railway which are attributable to a <br />train delay caused by Contractor or its subcontractors. <br /> <br />The contractual relationship between Railway and its customers is proprietary and confidential. <br />In the event of a train delay covered by this Agreement, Railway will share information relevant <br />to any train delay to the extent consistent with Railway confidentiality obligations. The rate <br />then in effect at the time of performance by the Contractor hereunder will be used to calculate <br />the actual costs of train delay pursuant to this agreement. <br /> <br />Contractor and its subcontractors must give Railway’s representative (Kristopher Swanson) (4) <br />weeks advance notice of the times and dates for proposed work windows. Railway and <br />Contractor will establish mutually agreeable work windows for the project. Railway has the <br />right at any time to revise or change the work windows due to train operations or service <br />obligations. Railway will not be responsible for any additional costs or expenses resulting from <br />a change in work windows. Additional costs or expenses resulting from a change in work <br />windows shall be accounted for in Contractor’s expenses for the project. <br /> <br />Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's <br />work so as to not cause any delays to any trains.