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17-57381
<br /> measures undertaken on behalf of Licensee to investigate, remediate, respond to or
<br /> otherwise cure such release or violation.
<br /> 174 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental
<br /> Laws arising in any way with respect to the Pipeline or its drainage which occurred or may
<br /> occur during the term of this License, Licensor may require Licensee, at Licensee's sole
<br /> risk and expense, to take timely measures to investigate, remediate, respond to or
<br /> otherwise cure such release or violation affecting the Premises or Licensor's right-of-way.
<br /> 17.5 Licensee shall immediately report to Licensor's Resource Operations Center at(800) 832-
<br /> 5452 any conditions or activities upon the Premises known to Licensee which create a
<br /> risk of harm to persons, property or the environment and shall take all reasonable actions
<br /> necessary to prevent injury to persons, property, or the environment arising out of such
<br /> conditions or activities; provided, however, that Licensee's reporting to Licensor shall not
<br /> relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee
<br /> shall promptly respond to Licensor's request for information regarding said conditions or
<br /> activities.
<br /> 17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to
<br /> conduct an environmental audit, including but not limited to sampling, of the Premises
<br /> through an environmental consulting engineer acceptable to Licensor, at Licensee's sole
<br /> cost and expense, to determine if any noncompliance or environmental damage to the
<br /> Premises has occurred arising from or related to use or occupancy thereof by Licensee.
<br /> The audit shall be conducted to Licensor's satisfaction and a copy of the audit report shall
<br /> promptly be provided to Licensor for its review. Licensee shall pay all expenses for any
<br /> remedial or corrective action that may be required as a result of said audit to correct any
<br /> noncompliance or environmental damage, and Licensee shall diligently pursue and
<br /> complete all necessary work prior to termination of this License. Licensee's obligations
<br /> under this Section 17.6 shall survive termination of this License.
<br /> 17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty
<br /> or obligation to monitor Licensee's use of the Premises to determine Licensee's
<br /> compliance with Environmental Laws, it being solely Licensee's responsibility to ensure
<br /> that Licensee's use of the Premises is compliant. Neither the exercise nor the failure by
<br /> Licensor to exercise any rights granted in this Section will alter the liability allocation
<br /> provided by this License.
<br /> 17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute,
<br /> ordinance, code, rule, regulation, policy, common law, license, authorization, decision,
<br /> order, or injunction which pertains to health, safety, any Hazardous Material, or the
<br /> environment (including but not limited to ground, air, water, or noise pollution or
<br /> contamination, and underground or above-ground tanks) and shall include, without
<br /> limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery
<br /> Act,42 U.S.C.§6901 et seq.;the Hazardous Materials Transportation Act,49 U.S.C.§5101
<br /> et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air
<br /> Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.;
<br /> the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and
<br /> Community Right-to-Know Act,42 U.S.C. 11001 et seq.;the Federal Insecticide, Fungicide
<br /> and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.;
<br /> and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been
<br /> amended from time to time, and any other federal, state, local, or tribal environmental
<br /> requirements, together with all rules, regulations, orders, and decrees now or hereafter
<br /> promulgated under any of the foregoing, as any of the foregoing now exist or may be
<br /> changed or amended or come into effect in the future.
<br /> 32330630.2 12 Form 424;Rev.20190916
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