There wasn’t any operating agreement after 2006. There wasn’t really any bargain to hold up in the first place. It’s really more like this: Imagine you live in a house that’s owned by someone else. The owner can kick you out whenever they feel like for any reason or no reason at all. Your sink is broken and the owner comes along and says to fix the sink or they’ll kick you out. But he also says he may just go ahead and kick you out anyway even if you do fix the sink. No reasonable person would fix the sink because they’re probably just going to get evicted regardless so why bother? Really there’s no incentive for any company, not just ITM, to put that much into maintaining those tracks anyway. Even though ITM still did some trackwork, I don’t see any reason they should’ve poured millions of dollars into something they didn’t own and could be evicted from at any time.