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<p>Under the terms of their contracts, train operating companies actual performance
is measured by excluding anything caused by a Force Majeure Event. Force Majeure Events
are by their very nature incidents which are outside an operators’ direct control,
such as major infrastructure failures that result in a line blockage.</p><p> </p><p>Remedial
actions are not specifically related to whether or not the Department accepts an operators
force majeure claim but to whether an operator exceeds their Performance Benchmarks
as set out in their respective contract.</p>
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