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ROE 920316 <br /> Fomt Approved,AW-Lacy <br /> Article 9. CONFIDENTIALITY. <br /> A. The Parties acknowledge that any data,samples,test results, laboratory analyses, or other <br /> information obtained or derived from any environmental investigation or other related work performed on <br /> Railroad's Property,and all doeuments,reports or other information that are developed which pertain to <br /> environmental conditions on Railroad's Property(hereinaRer"the Environmental Report") are <br /> confidential in nature. The Patties agree that all such information, including the Environmental Report, <br /> shall be distributed only to those officers,directors and employees of Railroad and Licensee who are <br /> authorized by the Railroad to receive such infonnation. <br /> B. Government agencies that are authorized by law to obtain the Environmental Report, <br /> including any data,samples, laboratory analyses,and/or other information relied upon to develop the <br /> Environmental Report,are authorized by the Railroad to receive the Environmental Report when <br /> reyuestcd pursuant to legally applicable federal,state or local mandate. Licensee agrees that the Railroad <br /> shall be notified of any request by a federal, state or local government agency for copies of the <br /> Environmental Report and/or related information. <br /> C. The Licensee agrees to take all reasonable measures to assure continuous <br /> confidentiality and protection of the Environmental Report, including keeping copies to a minimum and <br /> maintaining a log that identifies each and every individual that has had access to the Environmental <br /> Report or has otherwise taken possession of the Environmental Report. <br /> D. Adequate instructions shall be issued by the Licensee to all affected officers,directors, <br /> employees and consultants of the Licensee as necessary to satisfy the confidentiality provisions of this <br /> Agreement. <br /> F. The Licensee's contractors, subcontractors, consultants, lenders, counsel and advisors, <br /> including legal counsel, that are hired to assist, conduct, prepare and/or review the Environmental <br /> Report,shall not be provided a copy of the Environmental Report and/or related information until they <br /> agree in writing to adhere to all the provisions of this Agreement. <br /> F. Licensee agrees that the Environmental Report,and all associated data,samples, <br /> analyses,and other Information,are and shall remain the personal property of the Railroad. Upon <br /> completion of its work, Licensee agrees to turn the Environmental Report and all associated data and <br /> other information, including all copies thereof,over to the Railroad. <br /> G. In addition to any other remedy at law,the Parties agree that either Party shall have the <br /> right to enjoin the other Party,including the other Party's contractors,subcontractors,consultants, <br /> lenders,counsel, and/or advisors,in any court of competent jurisdiction for breach of the confidentiality <br /> provisions of this Agreement. <br /> H. All the terms contained in this Agreement shall survive completion of any work <br /> authorized by this Agreement, as well as any related discussions and/or negotiations. The Licensee and <br /> Railroad agree to be bound by the confidentiality provisions of this Agreement in perpetuity. <br /> Exhibit B <br />