What is weird about this agreement is it seems like the T is giving away the store just to get to Wachusett. But there is no penalty clause. Oops. That's what the T lawyer means by the agreement isn't binding. So I assume the penalty would be that the T can't carry passengers to Wachusett. Note that the agreement is signed by Beverly Scott and Mr Fink Jr, both highly esteemed in these forums for their intelligence and foresight.