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Tracking#15-52141
<br /> 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a
<br /> soil investigation must be performed by Licensee and reviewed by Licensor prior to construction.
<br /> This study is to determine if granular material is present, and to prevent subsidence during the
<br /> installation process. If the investigation determines in Licensor's reasonable opinion that granular
<br /> material is present, Licensor may select a new location for Licensee's use, or may require Licensee
<br /> to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal
<br /> with the granular material. Once Licensor has approved any such remedial plan In writing, Licensee
<br /> shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms
<br /> thereof and hereof.
<br /> 12,3 Any open hole, boring, or well,constructed on the Premises by Licensee shall be safely covered and
<br /> secured at all times when Licensee is not working in the actual vicinity thereof. Following completion
<br /> of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be:
<br /> 12.3.1 filled in to surrounding ground level with compacted bentonite grout;or
<br /> 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
<br /> excavated materials may remain on Licensor's property for more than ten (10) days, but
<br /> must be properly disposed of by Licensee in accordance with applicable Legal
<br /> Requirements.
<br /> LIABILITY AND INSURANCE
<br /> 13. Liability and Indemnification.
<br /> 13.1 For purposes of this License:(a)"Indemnitees"means Licensor and Licensor's affiliated companies,
<br /> partners, successors, assigns, legal representatives, officers, directors, shareholders, employees,
<br /> and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses,
<br /> liens, causes of action, suits,demands,judgments, and expenses(including, without limitation,court
<br /> costs, reasonable attorneys'fees,costs of investigation, removal and remediation, and governmental
<br /> oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee or
<br /> Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or
<br /> indirectly employed by any of them,or any party they control or exercise control over.
<br /> 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS
<br /> CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES
<br /> FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR
<br /> DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR
<br /> RELATED TO(IN WHOLE OR IN PART):
<br /> 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
<br /> PROVISIONS,
<br /> 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
<br /> 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br /> 13,2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR
<br /> CONTRIBUTED TO BY LICENSEE,OR
<br /> 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
<br /> 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
<br /> ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
<br /> GENERATOR, OWNER,OPERATOR, ARRANGER, OR TRANSPORTER FOR THE PURPOSES
<br /> OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
<br /> ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW).
<br /> LICENSEE WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM
<br /> ANY AND ALL SUCH CLAIMS. NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
<br /> CONSTITUTE A WAIVER OF ANY 1NDEMNITEE'S COMMON CARRIER DEFENSES AND THIS
<br /> Form 424;Rev.201400801
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