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Tracking #25W-24305/BF-20565661
<br /> - 11 - Form 424; Rev. 20200605
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<br />seq.; 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 changed or
<br />amended or come into effect in the future.
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<br />17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
<br />that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or
<br />tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive,
<br />radioactive or other properties that may be hazardous to human health or the environment,
<br />including without limitation asbestos and asbestos-containing materials, radon, petroleum and
<br />petroleum products, urea formaldehyde foam insulation, methane, lead-based paint,
<br />polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
<br />constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
<br />substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or
<br />hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
<br />"hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.
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<br />DISCLAIMER OF WARRANTIES
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<br />18. No Warranties.
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<br />18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
<br />IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
<br />WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
<br />HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN T HIS LICENSE.
<br />LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
<br />RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
<br />EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
<br />HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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<br />18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
<br />EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
<br />RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
<br />CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE
<br />WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD
<br />PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS
<br />AND LIENS OF ANY THIRD PARTY.
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<br />19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE
<br />PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
<br />THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
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<br />20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or
<br />claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,
<br />Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-
<br />rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in
<br />connection with the eviction.
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<br />LIENS AND TAXES
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<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 Premises.
<br />Licensor is hereby authorized to post any notices or take any other action upon or with respect to the
<br />Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises;
<br />provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any
<br />obligation or liability under this Section 21 or any other Section of this License.
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