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17-57381
<br /> 17.9 "Hazardous Material(s)"shall include but shall not be limited to any substance, material,
<br /> or waste that is regulated by any Environmental Law or otherwise regulated by any federal,
<br /> state, local, or tribal governmental authority because of toxic, flammable, explosive,
<br /> corrosive, reactive, radioactive or other properties that may be hazardous to human health
<br /> or the environment, including without limitation asbestos and asbestos-containing
<br /> materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation,
<br /> methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like
<br /> substances and their additives or constituents, pesticides, agricultural chemicals, and any
<br /> other special, toxic, or hazardous (i) substances, (ii) materials, or(iii) wastes of any kind,
<br /> including without limitation those now or hereafter defined, determined, or identified as
<br /> "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic
<br /> substances,"or"hazardous wastes" in any Environmental Law.
<br /> DISCLAIMER OF WARRANTIES
<br /> 18. No Warranties.
<br /> 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY
<br /> STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR
<br /> IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR
<br /> WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED
<br /> IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES,
<br /> EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST
<br /> BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY
<br /> WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A
<br /> PARTICULAR PURPOSE.
<br /> 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY
<br /> KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR
<br /> OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT
<br /> LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION
<br /> OF THE PIPELINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS
<br /> AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY
<br /> LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY.
<br /> 19. Disclaimer of Warranty for Quiet EKo,,ment. LICENSOR DOES NOT WARRANT ITS TITLE TO
<br /> THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE
<br /> POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
<br /> 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title
<br /> to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail
<br /> corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder,
<br /> except for the pro-rata part of any recurring charge paid in advance,or(ii)for any damages or costs
<br /> Licensee sustains in connection with the eviction.
<br /> LIENS AND TAXES
<br /> 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any
<br /> construction, alterations or repairs done, suffered or permitted to be done by Licensee on the
<br /> Premises. Licensor is hereby authorized to post any notices or take any other action upon or with
<br /> respect to the Premises that is or may be permitted by law to prevent the attachment of any such
<br /> liens to the Premises; provided, however, that failure of Licensor to take any such action shall not
<br /> relieve Licensee of any obligation or liability under this Section 21 or any other Section of this
<br /> License.
<br /> 22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively,
<br /> 32330630.2 13 Form 424; Rev.20190916
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