Agenda - Council - 10/28/2008 - Laserfiche WebLink

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incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. ' The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as $50,000.00 per incident. Contractor and its subcontractors must give Railway's representative (763.782.3492) 4 weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this ~letter, which, upon execution by Railway, will constitute an Agreement between us. ( Contractor) BNSF Railway Company By: Printed Name: Title: By: Name: Manager Public Projects Contact Person: Address: Accepted and effective this _day of20_, State:_Zip:_ City: Fax: Phone: E-mail: 5 Fonn 0103 Rev. 09/15/05 -188-