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Tracking #25W-24305/BF-20565661
<br /> - 9 - Form 424; Rev. 20200605
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<br />coverage and/or the higher limits. Any available insurance proceeds in excess of the
<br />specified minimum limits of insurance and coverage shall be available to BNSF.
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<br />15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the
<br />part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall
<br />be bound thereby regardless of whether or not indemnity provisions are determined to be
<br />enforceable in the jurisdiction in which the work or services are performed under this
<br />License.
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<br />15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe,
<br />LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
<br />of each.
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<br />COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
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<br />16. Compliance with Laws, Rules, and Regulations.
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<br />16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal
<br />laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court
<br />of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and
<br />use of the Pipeline and the use of the Premises.
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<br />16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all
<br />of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
<br />employees, contractors, agents or invitees entering upon the Premises completes the safety
<br />orientation program at the Website "www.BNSFcontractor.com " (the "Safety Orientation") within
<br />one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and
<br />every employee of Licensee, its contractors, agents and invitees possess a card certifying
<br />completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew
<br />(and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation
<br />annually.
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<br />16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all
<br />additional rights-of way, easements, licenses and other agreements relating to the grant of rights
<br />and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
<br />licenses, permits, authorizations, and approvals (including without limitation, any necessary local,
<br />state, federal or tribal authorizations and environmental permits) that are necessary in order to
<br />permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform
<br />its obligations hereunder in accordance with the terms and conditions hereof.
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<br />16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
<br />does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
<br />License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
<br />on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
<br />any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
<br />replacements as may be necessary, in order to cause the stated term thereof to be continued
<br />until a date that is not earlier than the last day of the term of this License.
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<br />16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
<br />operate or use the Pipeline in accordance with the terms and conditions of this License, this
<br />License thereby shall automatically expire upon such expiration or termination of the Right.
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<br />17. Environmental.
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<br /> 17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not
<br />maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as
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