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Tracking #25W-24305/BF-20565661
<br /> - 10 - Form 424; Rev. 20200605
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<br />defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release
<br />of oil or Hazardous Materials (as defined below) on or about the Premises.
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<br />17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not
<br />handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon
<br />request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that
<br />Licensee is in compliance with the provisions of this Section 17.2.
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<br />17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800)
<br />832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii)
<br />violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged
<br />with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee
<br />shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.
<br />Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee
<br />to investigate, remediate, respond to or otherwise cure such release or violation.
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<br />17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws
<br />arising in any way with respect to the Pipeline which occurred or may occur during the term of
<br />this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely
<br />measures to investigate, remediate, respond to or otherwise cure such release or violation
<br />affecting the Premises or Licensor's right-of-way.
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<br />17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452
<br />any conditions or activities upon the Premises known to Licensee which create a risk of harm to
<br />persons, property or the environment and shall take all reasonable actions necessary to prevent
<br />injury to persons, property, or the environment arising out of such conditions or activities;
<br />provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any
<br />obligation whatsoever imposed on it by this License. Licensee shall promptly respond to
<br />Licensor's request for information regarding said conditions or activities.
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<br />17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct
<br />an environmental audit, including but not limited to sampling, of the Premises through an
<br />environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense,
<br />to determine if any noncompliance or environmental damage to the Premises has occurred during
<br />occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a
<br />copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay
<br />all expenses for any remedial or corrective action that may be required as a result of said audit to
<br />correct any noncompliance or environmental damage, and Licensee shall diligently pursue and
<br />complete all necessary work prior to termination of this License. Licensee's obligations under this
<br />Section 17.6 shall survive termination of this License.
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<br />17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or
<br />obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with
<br />Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the
<br />Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights
<br />granted in this Section will alter the liability allocation provided by this License.
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<br />17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance,
<br />code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction
<br />which pertains to health, safety, any Hazardous Material, or the environment (including but not
<br />limited to ground, air, water, or noise pollution or contamination, and underground or above-
<br />ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
<br />Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
<br />Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.
<br />§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15
<br />U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency
<br />Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
<br />Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
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