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Tracking# 10-41274 <br /> For purposes of this Section 21, Licensor shall mean "Burlington Northern Santa Fe, <br /> LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates <br /> of each. <br /> ENVIRONMENTAL <br /> 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws <br /> and regulations in its use of the Premises, including, but not limited to, the <br /> Resource Conservation and Recovery Act, as amended (RCRA), the Clean <br /> Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, <br /> CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall <br /> not maintain a treatment, storage, transfer or disposal facility, or underground <br /> storage tank, as defined by Environmental Laws on the Premises. Licensee shall <br /> not release or suffer the release of oil or hazardous substances, as defined by <br /> Environmental Laws on or about the Premises. <br /> (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations <br /> Center at (800) 832-5452 of any release of hazardous substances on or from the <br /> Premises, violation of Environmental Laws, or inspection or inquiry by <br /> governmental authorities charged with enforcing Environmental Laws with <br /> respect to Licensee's use of the Premises. Licensee shall use the best efforts to <br /> promptly respond to any release on or from the Premises. Licensee also shall <br /> give Licensor immediate notice of all measures undertaken on behalf of Licensee <br /> to investigate, remediate, respond to or otherwise cure such release or violation. <br /> (c) In the event that Licensor has notice from Licensee or otherwise of a release or <br /> violation of Environmental Laws arising in anyway with respect to the PIPELINE <br /> which occurred or may occur during the term of this License, Licensor may <br /> require Licensee, at Licensee's sole risk and expense, to take timely measures to <br /> investigate, remediate, respond to or otherwise cure such release or violation <br /> affecting the Premises or Licensor's right-of-way. <br /> (d) Licensee shall promptly report to Licensor in writing any conditions or activities <br /> upon the Premises known to Licensee which create a risk of harm to persons, <br /> property or the environment and shall take whatever action is necessary to <br /> prevent injury to persons or property arising out of such conditions or activities; <br /> provided, however, that Licensee's reporting to Licensor shall not relieve <br /> Licensee of any obligation whatsoever imposed on it by this License. Licensee <br /> shall promptly respond to Licensor's request for information regarding said <br /> conditions or activities. <br /> ALTERATIONS <br /> 23. Licensee may not make any alterations to the Premises or permanently affix anything to <br /> the Premises or any buildings or other structures adjacent to the Premises without <br /> Licensor's prior written consent. <br /> Form 424;Rev.04/26/05 <br /> -117-8 <br />