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17-57381 <br /> each of its employees, contractors, agents or invitees entering upon the Premises <br /> completes the safety orientation program at the Website"www.BNSFcontractor.com" (the <br /> "Safety Orientation") within one year prior to entering upon the Premises. Additionally, <br /> Licensee must ensure that each and every employee of Licensee, its contractors, agents <br /> and invitees possess a card certifying completion of the Safety Orientation prior to entering <br /> upon the Premises. Licensee must renew (and ensure that its contractors, agents or <br /> invitees, as applicable, renew) the Safety Orientation annually. <br /> 16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises,any and <br /> all additional rights-of way, easements, licenses and other agreements relating to the grant <br /> of rights and interests in and/or access to the Premises (collectively, the "Rights") and <br /> such other rights, licenses, permits, authorizations, and approvals (including without <br /> limitation, any necessary local, state, federal or tribal authorizations and environmental <br /> permits) that are necessary in order to permit Licensee to construct, maintain, own and <br /> operate the Pipeline and otherwise to perform its obligations hereunder in accordance with <br /> the terms and conditions hereof. Licensor's consent to the use of the Premises <br /> contemplated under this License shall not constitute an endorsement of the effectiveness <br /> or sufficiency of any best management practices required under any environmental permit <br /> issued to Licensee or cause Licensor to be subject to any terms or conditions of any such <br /> Licensee permit. <br /> 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period <br /> that does not expire, in accordance with its ordinary terms, prior to the last day of the term <br /> of this License or, if the initial stated term of any such Right expires in accordance with its <br /> ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, <br /> at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, <br /> additions and/or replacements as may be necessary, in order to cause the stated term <br /> thereof to be continued until a date that is not earlier than the last day of the term of this <br /> License. <br /> 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to <br /> own, operate or use the Pipeline in accordance with the terms and conditions of this <br /> License,this License thereby shall automatically expire upon such expiration or termination <br /> of the Right. <br /> 17 Environmental. <br /> 17.1 Licensee shall strictly comply with Environmental Laws(as defined below). Licensee shall <br /> not maintain a treatment, storage,transfer or disposal facility, or underground storage tank, <br /> as defined by Environmental Laws on the Premises. Licensee shall not release or suffer <br /> the release of oil or Hazardous Materials(as defined below)on or about the Premises. <br /> 17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will <br /> not handle or transport Hazardous Materials through the Pipeline or on Licensor's property. <br /> Further, Licensee covenants that the stormwater discharged onto Licensor's property shall <br /> be free and clear of contamination and other pollutants. Upon request by Licensor, <br /> Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in <br /> compliance with the provisions of this Section 17.2. <br /> 173 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center <br /> at(800) 832-5452 of any known release of Hazardous Materials on, from, or affecting the <br /> Premises, and prompt notice by e-mail to Environmental Leases@BNSF.corr of any known <br /> violation of Environmental Laws or inspection or inquiry by governmental authorities <br /> charged with enforcing Environmental Laws with respect to Licensee's use of the <br /> Premises. Licensee shall use its best efforts to immediately respond to any release on, <br /> from, or affecting the Premises. Licensee also shall give Licensor prompt notice of all <br /> 11 32330630.2 Form 424; Rev.20190916 <br />