Common use of Alternatives Considered Clause in Contracts

Alternatives Considered. Given the nature of the project construction above an operational railroad with regular passenger and freight services, where there is the constant potential to foul the tracks, Federal Railroad Administration (FRA) rules require that appropriate railroad protective services must be in place to consistently ensure the safety of the railroad operations around the construction activities. There is no alternative to this requirement that can be considered and so the intent of this Amendment No.2 must be approved and executed by both parties to allow any construction activity with the potential to foul the railroad to continue.