Relevant language from agreement between Pan Am and MassDOT:
4.4 Responsibility for Capital Improvements.
(a) In the event that a condition is identified on the Property that prevents the achievement of the Service Outcomes as set forth in Exhibit B of this Agreement and that can be remedied only by capital maintenance, the Commonwealth Parties shall be responsible for such capital maintenance costs that are required to achieve the Service Outcomes.
(b) The Commonwealth Parties' capital maintenance obligations include, but are not limited to, those set forth in Exhibit B to this Agreement.
( c) PAS, in its sole and absolute discretion, may pay additional amounts towards the improvement of the Property, including capital projects and modifications to proposed capital improvements to be constructed by the Commonwealth Parties, provided, however, that any such PAS-initiated capital projects or modifications to proposed Commonwealth Parties-initiated capital projects shall be subject to the written approval of the Commonwealth Parties, which approval shall not be unreasonably withheld, conditioned or delayed. The Commonwealth Parties shall provide PAS reasonable notification of contemplated Commonwealth Parties-initiated capital projects in order to effectuate the intent of this section.
In the event that positive train control ("PTC") is required on any Rail Operating Property due to the presence of Passenger Service and not solely because of PAS operations, the Commonwealth Parties shall, at their sole cost and expense, provide a PTC system that complies with applicable law and is fully interoperable with the PTC system adopted by the national freight system. In addition, the Commonwealth Parties shall equip at their sole cost and expense up to twenty (20) PAS locomotives with equipment necessary for said locomotives to operate over all PTC equipped Rail Operating Property conforming to the above-referenced national freight system standard.