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Tracking#16-55547
<br /> 17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at(800)832-
<br /> 5452 of any known(i)release of hazardous substances on,from,or affecting the Premises,(ii)violation
<br /> of Environmental Laws,or(iii)inspection or inquiry by governmental authorities charged with enforcing
<br /> Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best
<br /> efforts to promptly respond to any release on,from,or affecting the Premises. Licensee also shall give
<br /> Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate,remediate,
<br /> 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 measures
<br /> to investigate,remediate, respond to or otherwise cure such release or violation affecting the Premises
<br /> 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 take
<br /> whatever action is necessary to prevent injury to persons, property, or the environment arising out of
<br /> such conditions or activities; provided, however,that Licensee's reporting to Licensor shall not relieve
<br /> Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond
<br /> 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 WAIVES
<br /> ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,WITH RESPECT TO THE PREMISES OR
<br /> WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT
<br /> LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A
<br /> 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 WILL
<br /> VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD PARTIES,
<br /> INCLUDING,WITHOUT LIMITATION,ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF
<br /> 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 claiming
<br /> any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,Licensor shall not
<br /> be liable(i)to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring
<br /> charge paid in advance, or(ii)for any damage Licensee sustains in connection with the eviction.
<br /> LIENS AND TAXES
<br /> 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction,
<br /> alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby
<br /> authorized to post any notices or take any other action upon or with respect to Premises that is or may be
<br /> permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of
<br /> Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21
<br /> or any other Section of this License.
<br /> Form 424;Rev.201400801
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