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DocuSign Envelope ID:7CECB008-D09A-48BA-8717-4C4A8A162FF9
<br /> Tracking#22W-14933
<br /> License,this License thereby shall automatically expire upon such expiration or termination of the
<br /> Right.
<br /> 16. Environmental.
<br /> 16.1 Licensee shall strictly comply with all federal, state and local environmental Legal Requirements
<br /> and regulations in its use of the Premises, including, but not limited to,the Resource Conservation
<br /> and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the
<br /> Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the
<br /> "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal
<br /> facility, or underground storage tank, as defined by Environmental Laws on the Premises.
<br /> Licensee shall not release or suffer the release of oil or hazardous substances, as defined by
<br /> Environmental Laws on or about the Premises.
<br /> 16.2 Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous
<br /> substances", as "hazardous waste" and "hazardous substances" may now or in the future be
<br /> defined by any federal, state, or local governmental agency or body upon, over, or across
<br /> Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to
<br /> Licensor that Licensee is in compliance with the provisions of this Section 16.2.
<br /> 16.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at(800)
<br /> 832-5452 of any known (i) release of hazardous substances on, from, or affecting the Premises,
<br /> (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities
<br /> charged with enforcing Environmental Laws with respect to Licensee's use of the Premises.
<br /> Licensee shall use the best efforts to promptly respond to any release on, from, or affecting the
<br /> Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on
<br /> behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or
<br /> violation.
<br /> 16.4 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 Boring Work which occurred or may occur during the term
<br /> of this License, Licensor may require Licensee,at Licensee's sole risk and expense,to take timely
<br /> measures to investigate, remediate, respond to or otherwise cure such release or violation
<br /> affecting the Premises or Licensor's right-of-way.
<br /> 16.5 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
<br /> take whatever action is necessary to prevent injury to persons, property or the environment arising
<br /> out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall
<br /> not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall
<br /> promptly respond to Licensor's request for information regarding said conditions or activities.
<br /> DISCLAIMER OF WARRANTIES
<br /> 17. No Warranties.
<br /> 17.1. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
<br /> IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
<br /> WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
<br /> HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.
<br /> LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, WITH
<br /> RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
<br /> EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
<br /> HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> 17.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
<br /> EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
<br /> RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
<br /> Form 426; Rev.20180910
<br /> -9-
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