ARTICLE 38 - DURATION

This document represents the best efforts of the parties hereto to incorporate the Restructuring Participation Agreement that became effective May 1, 2003 into the text of the 2001 Collective Bargaining Agreement. The 2001 Collective Bargaining Agreement, which became effective, September 12, 2001, except as otherwise set forth, and as modified with the intent and goal of avoiding reorganization under Chapter 11 of the U.S. Bankruptcy Code as noted in Appendix MMM of this Restructuring Participation Agreement dated May 1, 2003, shall continue in full force and effect until April 30, 2008 and shall renew itself, without change, until each succeeding April thereafter, unless written notice of intended change is served in accordance with Section 6, Title 1, of the Railway Labor Act, as amended, by either party hereto, at least sixty (60) days prior to the 30th day of April in any year, beginning with April, 2008.

This document is intended to serve as an accurate execution of current contractual provisions as well as a foundation document for the 2008 negotiations under Section 6, Title 1, of the Railway Labor Act, as amended. This document is not, in and of itself, deemed to be a Negotiated Agreement. Any disputes arising from any interpretation of this document shall be resolved relying on either the 2001 Collective Bargaining Agreement or the Restructuring Participation Agreement as originally negotiated by the parties.