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Tracking No. 23W-19543
<br /> 15.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to conduct the
<br /> Environmental Work in accordance with the terms and conditions of this License, this License thereby shall
<br /> automatically expire upon such expiration or termination of the Right.
<br /> 16. Environmental.
<br /> 16.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not maintain
<br /> a treatment, storage,transfer or disposal facility, or underground storage tank, as defined by Environmental
<br /> Laws, on the Premises. Licensee shall not release or suffer the release of oil or Hazardous Materials (as
<br /> defined below) on or about the Premises.
<br /> 16.2 Licensee covenants that it will not store, handle, manage, or transport Hazardous Materials across or along
<br /> Licensor's property, except to the extent required and approved as part of the Environmental Work. Upon
<br /> request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor that Licensee
<br /> is in compliance with the provisions of this Section 16.2.
<br /> 16.3 Investigation-derived waste ("IDW") and development water will be handled in accordance with all
<br /> applicable Environmental Laws. IDW and development water shall be removed from the Premises at the
<br /> end of each work day.
<br /> 16.4 To the extent the Environmental Work includes removal of soils or other such material as wastes, Licensee
<br /> shall be deemed the generator of that waste. All waste shall be appropriately managed and properly
<br /> disposed of at an appropriately-licensed facility in accordance with all applicable Legal Requirements,
<br /> including manifesting requirements.
<br /> 16.5 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at(800)832-5452
<br /> of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii) violation of
<br /> Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing
<br /> Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use its best efforts to
<br /> immediately respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor
<br /> prompt notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or
<br /> otherwise cure such release or violation.
<br /> 16.6 Licensee recognizes and agrees to assume all responsibility for all present and future environmental
<br /> obligations imposed under applicable Environmental Laws, regulations or other such requirements relating
<br /> to contamination of the Premises, groundwater, or other contaminated media arising from, caused by,
<br /> contributed to, or in any way growing out of Licensee's entry, occupation, or use of the Premises, or in any
<br /> way related to Licensee's Environmental Work. Licensee further agrees to undertake at its sole cost and
<br /> expense any cleanup of any contamination of the Premises, groundwater, or other contaminated media
<br /> arising from, caused by, contributed to, or in any way growing out of Licensee's entry, occupation, or use
<br /> of the Premises, or in any way related to Licensee's Environmental Work as required by applicable laws
<br /> and regulations.
<br /> 16.7 Licensee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising
<br /> out of Section 16.4,and Licensee further agrees that it will not raise or plead a statute of limitations defense
<br /> against Licensor in any action arising out of Licensees' failure to comply with the preceding subsection.
<br /> 16.8 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in
<br /> any way with respect to the Environmental Work which occurred or may occur during the term of this
<br /> License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to
<br /> investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or
<br /> Licensor's right-of-way.
<br /> 16.9 Licensee shall immediately report to Licensor's Resource Operations Center at (800) 832-5452 any
<br /> conditions or activities upon the Premises known to Licensee which create a risk of harm to persons,
<br /> property or the environment and shall take all reasonable actions necessary to prevent injury to persons,
<br /> property or the environment arising out of such conditions or activities; provided, however, that Licensee's
<br /> reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License.
<br /> Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities.
<br /> Form 427; Rev. 20140815
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