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_ ROE 980702 •
<br /> Pone Approved,AVP-Law
<br /> Flagging charges are not included in the sum recited in the preceding paragraph,and will
<br /> be billed separately, if incurred.
<br /> Article X. 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 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 confidentiality
<br /> and protection of the Environmental Report,including keeping copies to a minimum and maintaining a
<br /> log that identifies each and every individual that has had access to the Environmental Report or has
<br /> 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 Report,
<br /> shall not be provided a copy of the Environmental Report and/or related information until they agree in
<br /> 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,lenders,
<br /> 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 /> Polder No.02399.15
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