|
Tracking#16-55547
<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 /> Licensors 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 pnor to entering
<br /> upon the Premises. Additionally,Licensee must ensure that each and every employee of Licensee,
<br /> its contractors,agents and Invitees possess a card certifying completion of the Safety Orientation prior
<br /> to entering upon the Premises. Licensee must renew the Safety Orientation 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,federal
<br /> or tribal authorizations and environmental permits)that are necessary in order to permit Licensee to
<br /> construct,maintain,own and operate the Pipeline and otherwise to perform its obligations hereunder
<br /> 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 earlier
<br /> than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights
<br /> 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 than
<br /> 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,operate
<br /> or use the Pipeline in accordance with the terms and conditions of this License,this License thereby
<br /> shal: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 /> 17.2 Licensee covenants that It will not handle or transport"hazardous waste"or"hazardous substances",
<br /> as"hazardous waste"and"hazardous substances"may now or in the future be defined by any federal,
<br /> stale, or local governmental agency or body through the Pipeline on Licensors property. Licensee
<br /> agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in
<br /> compliance with the provisions of this Section 17.2.
<br /> Form 424;Rev.201400801
<br /> -6-
<br /> CITY OF EVERETT
<br /> GRAND AVENUE PARK BRIDGE May 18,2017
<br /> WO#3588 Appendix G2—9
<br /> Page 26
<br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com -Always Verify Scale
<br />
|