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ROE 880702
<br />Form Approved, AVP -Law
<br />Flagging charges are not included in the sum recited in the preceding paragraph, and will be
<br />billed separately, if incurred.
<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 documents, reports or other information that are developed which pertain to
<br />environmental conditions on Railroad's Property (hereinafter "the Environmental Report") are
<br />confidential in nature. The Parties 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 information.
<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 />requested 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 />E. 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 �y..
<br />completion of its work, Licensee agrees to tum the Environmental Report and all associated data and
<br />other information, including all copies the of, overlp the Railroadc6PY"' 'ctkW t;aUE► -
<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 Parry'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 />Folda No. 02634-07
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