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17-57381 <br /> 15.6.11 Not more frequently than once every five years, Licensor may, at its discretion, <br /> reasonably modify the insurance requirements to reflect the then-current risk <br /> management practices in the railroad industry and underwriting practices in the <br /> insurance industry. <br /> 15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall either <br /> require that the subcontractor provide and maintain insurance coverage(s) as set <br /> forth herein, naming Licensor as an additional insured, or instead insure the <br /> activities of such subcontractors in Licensee's insurance policies. In addition, <br /> Licensee shall require that the subcontractor shall release, defend and indemnify <br /> Licensee to the same extent and under the same terms and conditions as Licensee <br /> is required to release, defend and indemnify Licensor under this agreement. <br /> 15.6.13 Licensee's failure to provide evidence of insurance within three (3) business days <br /> after receipt of a request from Licensor or as otherwise required by this section <br /> shall entitle, but not require, Licensor to terminate this License immediately. <br /> Acceptance of a certificate that does not comply with this section shall not operate <br /> as a waiver of Licensee's obligations hereunder. <br /> 15.6.14 The fact that Licensee obtains insurance (including, without limitation, self- <br /> insurance) shall not release or diminish Licensee's liabilities or obligations <br /> including, without limitation, the liabilities and obligations under the indemnity <br /> provisions of the License. Damages recoverable by Licensor shall not be limited <br /> by the amount of the required insurance coverage. <br /> 15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement, <br /> Licensee will make the policy covering such claims or lawsuits available to BNSF. <br /> 15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum <br /> requirements in this Agreement, BNSF requires and shall be entitled to the broader <br /> coverage and/or the higher limits. Any available insurance proceeds in excess of <br /> the specified minimum limits of insurance and coverage shall be available to <br /> BNSF. <br /> 15.6.17 These insurance provisions are intended to be a separate and distinct obligation <br /> on the part of the Licensee. Therefore, these provisions shall be enforceable and <br /> Licensee shall be bound thereby regardless of whether or not indemnity provisions <br /> are determined to be enforceable in the jurisdiction in which the work or services <br /> are performed under this License. <br /> 15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa <br /> Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns <br /> and affiliates of each. <br /> COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS <br /> 16. Compliance with Laws Rules and Regulations. <br /> 16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and <br /> tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions <br /> of any court of competent jurisdiction ("Legal Requirements") relating to the construction, <br /> maintenance, and use of the Pipeline and the use of the Premises. <br /> 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply <br /> with all of Licensor's applicable safety rules and regulations. Licensee must ensure that <br /> 32330630.2 10 Form 424;Rev.20190916 <br />