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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9
<br /> Tracking#22W-14933
<br /> Damages recoverable by Licensor shall not be limited by the amount of the required
<br /> insurance coverage.
<br /> 14.5.15 In the event of a claim or lawsuit involving Licensee arising out of this Agreement,
<br /> Licensee will make the policy covering such claims or lawsuits available to Licensee.
<br /> 14.5.16 If Licensee maintains broader coverage and/or higher limits than the minimum
<br /> requirements in this Agreement, Licensee requires and shall be entitled to the broader
<br /> coverage and/or the higher limits. Any available insurance proceeds in excess of the
<br /> specified minimum limits of insurance and coverage shall be available to Licensee.
<br /> 14.5.17 These insurance provisions are intended to be a separate and distinct obligation on the
<br /> part of the Licensee. Therefore,these provisions shall be enforceable and Licensee shall
<br /> be bound thereby regardless of whether or not indemnity provisions are determined to be
<br /> enforceable in the jurisdiction in which the work or services are performed under this
<br /> License.
<br /> 14.5.18 For purposes of this Section 14, Licensor shall mean "Burlington Northern Santa Fe,
<br /> LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
<br /> of each.
<br /> COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
<br /> 15. Compliance with Laws, Rules, and Regulations.
<br /> 15.1 Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances,
<br /> orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal
<br /> Requirements") relating to the Boring Work, and use of the Premises.
<br /> 15.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s)to comply with all
<br /> of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
<br /> employees, contractors, agents or invitees entering upon the Premises completes the safety
<br /> orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation")
<br /> within one year prior to entering upon the Premises. Additionally, Licensee must ensure that
<br /> each and every employee of Licensee, its contractors, agents and invitees possess a card
<br /> certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee
<br /> must renew the Safety Orientation annually.
<br /> 15.3 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
<br /> and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
<br /> licenses, permits, authorizations, and approvals(including without limitation, any necessary local,
<br /> state, federal or tribal authorizations and environmental permits) that are necessary in order to
<br /> permit Licensee to construct, maintain, own and operate the Boring Work and otherwise to
<br /> perform its obligations hereunder in accordance with the terms and conditions hereof.
<br /> 15.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
<br /> does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
<br /> License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
<br /> on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
<br /> any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
<br /> replacements as may be necessary, in order to cause the stated term thereof to be continued
<br /> until a date that is not earlier than the last day of the term of this License.
<br /> 15.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
<br /> operate or use for conducting Borng Work in accordance with the terms and conditions of this
<br /> Form 426; Rev.20180910
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