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• <br /> Tracking#10-41274 <br /> SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, NOW AND FOREVER <br /> WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON <br /> STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT LICENSOR IS AN <br /> "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH <br /> RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER <br /> ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND <br /> HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS <br /> REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE <br /> FURTHER AGREES THAT THE USE OF THE PREMISES AS <br /> CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT <br /> LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON <br /> CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY <br /> AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES <br /> HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL <br /> LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF <br /> THE PREMISES. <br /> (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER <br /> AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE, <br /> REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY <br /> INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES <br /> AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED <br /> AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO <br /> THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER <br /> EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR <br /> CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF <br /> ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO <br /> EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR <br /> ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR <br /> REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY <br /> APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE <br /> OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE <br /> CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR <br /> FEDERAL STATUTE. <br /> (d) Upon written notice from Licensor, Licensee agrees to assume the defense of <br /> any lawsuit or other proceeding brought against any Indemnitee by any entity, <br /> relating to any matter covered by this License for which Licensee has an <br /> obligation to assume liability for and/or save and hold harmless any Indemnitee. <br /> Licensee shall pay all costs incident to such defense, including, but not limited to, <br /> attorneys' fees, investigators' fees, litigation and appeal expenses, settlement <br /> payments, and amounts paid in satisfaction of judgments. <br /> PERSONAL PROPERTY WAIVER <br /> 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, <br /> EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE <br /> RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY <br /> DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR <br /> IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. <br /> Form 424;Rev.04/26/05 <br /> -74 <br />