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Tracking# 10-41274
<br /> PIPELINE LICENSE
<br /> THIS LICENSE ("License"), made as of the day of , 20_ ("Effective Date")
<br /> by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY
<br /> OF EVERETT, a Washington corporation ("Licensee").
<br /> NOW THEREFORE, in consideration of the mutual covenants contained herein, the
<br /> parties agree to the following:
<br /> GENERAL
<br /> 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
<br /> and estates of third parties, including, without limitation, any leases, use rights,
<br /> easements, liens, or other encumbrances, and upon the terms and conditions set forth
<br /> below, to construct and maintain, in strict accordance with the drawings and
<br /> specifications approved by Licensor as part of Licensee's application process (the
<br /> "Drawings and Specifications"), one (1) sixty (60) inch steel casing (the "PIPELINE"),
<br /> across or along the rail corridor of Licensor at or near the station of Everett, County of
<br /> Snohomish, State of WA, Line Segment 0408, Mile Post 10.54, as shown on the
<br /> attached Drawing No. 1-50028R1, dated September 16, 2010 Revised: October 11,
<br /> 2010, attached hereto as Exhibit "A" and made a part hereof("Premises").
<br /> 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees,
<br /> Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of
<br /> such improvements.
<br /> 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE
<br /> CASING in accordance with the Drawings and Specifications. Licensee shall not use
<br /> the PIPELINE to carry any other commodity or use the Premises for any other purpose.
<br /> 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
<br /> future be defined by any federal, state, or local governmental agency or body through
<br /> the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor
<br /> with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee
<br /> not comply fully with the above-stated obligations of this Section, notwithstanding
<br /> anything contained in any other provision hereof, Licensor may, at its option, terminate
<br /> this License by serving five (5) days' notice of termination upon Licensee. Upon
<br /> termination, Licensee shall remove the PIPELINE and restore Licensor's property as
<br /> herein elsewhere provided.
<br /> 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in
<br /> the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor
<br /> shall not be liable to refund Licensee any compensation paid hereunder, except for the
<br /> pro-rata part of any recurring charge paid in advance, or for any damage Licensee
<br /> sustains in connection therewith.
<br /> 5. Any contractors or subcontractors performing work on the PIPELINE or entering the
<br /> Premises on behalf of Licensee shall be deemed servants and agents of Licensee for
<br /> purposes of this License.
<br /> Form 424;Rev.04/26/05
<br /> -16 8
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