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Tracking#15-52141
<br /> 17.2 Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous
<br /> substances",as"hazardous waste"and"hazardous substances" may now or in the future be defined
<br /> by any federal, state, or local governmental agency or body through the Pipeline on Licensor's
<br /> property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that
<br /> Licensee is in compliance with the provisions of this Section 17.2.
<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 substances 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 shall
<br /> use the best efforts to promptly respond to any release on,from, or affecting the Premises. Licensee
<br /> also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to
<br /> investigate,remediate, respond to or otherwise cure such release or violation.
<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 this
<br /> 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 affecting
<br /> the Premises or Licensor's right-of-way.
<br /> 17.5 Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises
<br /> known to Licensee which create a risk of harm to persons, property or the environment and shall
<br /> take whatever action is necessary to prevent injury to persons, property, or the environment arising
<br /> out of such conditions or activities; provided, however,that Licensee's reporting to Licensor shall not
<br /> relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly
<br /> respond to Licensor's request for information regarding said conditions or activities.
<br /> DISCLAIMER OF WARRANTIES
<br /> 18. No Warranties.
<br /> 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN
<br /> THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES,
<br /> NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY
<br /> LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY
<br /> WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
<br /> PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING,
<br /> WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR
<br /> FITNESS FOR A PARTICULAR PURPOSE.
<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 RIGHTS
<br /> 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 AND
<br /> LIENS OF ANY THIRD PARTY.
<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.
<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-rata
<br /> part of any recurring charge paid in advance, or(Ii)for any damage Licensee sustains in connection with the
<br /> eviction.
<br /> Form 424;Rev.201400801
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