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Tracking#15-52141
<br /> 15.6.11 The fact that insurance(including, without limitation, self-insurance)is obtained by Licensee
<br /> shall not be deemed to release or diminish the liability of Licensee, including, without
<br /> limitation, liability under the indemnity provisions of this License. Damages recoverable by
<br /> Licensor shall not be limited by the amount of the required insurance coverage.
<br /> 15.6.12 These insurance provisions are intended to be a separate and distinct obligation on the part
<br /> of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be
<br /> bound thereby regardless of whether or not indemnity provisions are determined to be
<br /> enforceable.
<br /> 15.6.13 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC",
<br /> "BNSF Railway Company"and the subsidiaries, successors, assigns and affiliates of each.
<br /> COMPLIANCE WITH LAWS,REGULATIONS,AND ENVIRONMENTAL MATTERS
<br /> 16. Compliance with Laws, Rules,and Regulations.
<br /> 16.1 Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders,
<br /> covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements")
<br /> relating to the construction, maintenance,and use of the Pipeline and the use of the Premises.
<br /> 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s)to comply with all of
<br /> Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees,
<br /> contractors, agents or invitees entering upon the Premises completes the safety orientation program
<br /> at the Website "www,BNSFcontractor.com" (the "Safety Orientation") within one year prior to
<br /> entering upon the Premises. Additionally, Licensee must ensure that each and every employee of
<br /> Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety
<br /> Orientation prior to entering upon the Premises. Licensee must renew the Safety Orientation
<br /> annually.
<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 and
<br /> interests in and/or access to the Premises(collectively,the"Rights")and such other rights, licenses,
<br /> permits, authorizations, and approvals (including without limitation, any necessary local, state,
<br /> federal or tribal authorizations and environmental permits) that are necessary in order to permit
<br /> Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform its
<br /> obligations hereunder in accordance with the Terms and conditions hereof.
<br /> 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does
<br /> not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if
<br /> the initial stated term of any such Right expires in accordance with its ordinary terms on a date
<br /> earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal
<br /> rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be
<br /> necessary, in order to cause the stated term thereof to be continued until a date that is not earlier
<br /> than the last day of the term of this License.
<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 License
<br /> thereby shall automatically expire upon such expiration or termination of the Right.
<br /> 17. Environmental.
<br /> 17.1 Licensee shall strictly comply with all federal, state and local environmental Legal Requirements and
<br /> regulations In its use of the Premises, including, but not limited to, the Resource Conservation and
<br /> Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous
<br /> Materials Transportation Act, and CERCLA (collectively referred to as the "Environmental Laws"),
<br /> Licensee shall not maintain a treatment, storage, transfer or disposal facility,or underground storage
<br /> tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the
<br /> release of oil or hazardous substances,as defined by Environmental Laws on or about the Premises.
<br /> Form 424;Rev.201400801
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