WORK PLANS - Laserfiche WebLink

Home Browse Search

ROE 880702 Form Approved,AVP-Law anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to the provisions contained in Section 6 of Exhibit B. Article 8. ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM. This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of Nebraska. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the state of Nebraska and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. Article 9. RENT. A. Licensee shall pay to Railroad, in advance, rent of One Thousand Dollars ($1,000.00) annually. Flagging charges are not included in the sum recited in the preceding paragraph, and will be billed separately, if incurred. Article 10. CONFIDENTIALITY. A. The Parties acknowledge that any data, samples, test results, laboratory analyses, or other information obtained or derived from any environmental investigation or other related work performed on Railroad's Property, and all documents, reports or other information that are developed which pertain to environmental conditions on Railroad's Property (hereinafter "the Environmental Report") are confidential in nature. The Parties agree that all such information, including the Environmental Report, shall be distributed only to those officers, directors and employees of Railroad and Licensee who are authorized by the Railroad to receive such information. B. Government agencies that are authorized by law to obtain the Environmental Report, including any data, samples, laboratory analyses, and/or other information relied upon to develop the Environmental Report, are authorized by the Railroad to receive the Environmental Report when requested pursuant to legally applicable federal, state or local mandate. Licensee agrees that the Railroad shall be notified of any request by a federal, state or local government agency for copies of the Environmental Report and/or related information. C. The Licensee agrees to take all reasonable measures to assure continuous confidentiality and protection of the Environmental Report, including keeping copies to a minimum and maintaining a log that identifies each and every individual that has had access to the Environmental Report or has otherwise taken possession of the Environmental Report. D. Adequate instructions shall be issued by the Licensee to all affected officers, directors, employees and consultants of the Licensee as necessary to satisfy the confidentiality provisions of this Agreement. E. The Licensee's contractors, subcontractors, consultants, lenders, counsel and advisors, including legal counsel,that are hired to assist, conduct, prepare and/or review the Environmental Report, Folder No.3328-98