The purpose of introducing reciprocal penalties was so that the penalties applied to the shipper also applied to the railway and that there be some level of “let the arbitrator decide” the level of—I'll call it reasonableness—in terms of what the penalty should be.
If we remove this, it means that the penalty could be applied in an imbalanced way in that it would be applied to the railway but not necessarily to the shipper in a balanced and reciprocal manner. The provisions require that the agreements have reciprocal penalties for both sides.