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Tracking No. 23W-19543
<br /> 16.17 Licensee shall promptly transmit to Licensor copies of all documents, records, reports, data boring logs,
<br /> well completion and other information generated during any Environmental Work performed on the
<br /> Premises ("Environmental Reports")to Licensor's Remediation Manager and email copies of the same to
<br /> Env!ronmentalAccess@bnsf.com.
<br /> 16.18 At least once every six months for the duration of this License and upon completion of the Environmental
<br /> Work or upon termination, whichever occurs first, Licensee shall prepare and submit to Licensor a Status
<br /> Report summarizing (i) all work and activities completed to date; (ii) remaining work; (iii) Environmental
<br /> Reports generated during the reporting period; (iv) and any issues noted on or with the Premises. Photo
<br /> logs documenting relevant activities and/or site conditions shall accompany each Status Report.
<br /> 16.19 Unless otherwise required by applicable law, Licensee shall keep confidential and shall not disclose any
<br /> Environmental Reports, Status Report, other such documents, records, reports, data boring logs, well
<br /> completion and any other information obtained in connection with this License, to third parties without the
<br /> prior written consent of Licensor.
<br /> 16.20 Licensee agrees to provide Licensor with copies of any and all information and reports that concern this
<br /> License, the Environmental Work, or any condition on the Premises before such information and/or reports
<br /> are submitted to a regulatory agency.
<br /> 16.21 The agreements and obligations of this Section 16 shall survive-the expiration or earlier termination of this
<br /> License.
<br /> DISCLAIMER OF WARRANTIES
<br /> 17. No Warranties.
<br /> 17.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS
<br /> LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR
<br /> IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR
<br /> OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL
<br /> WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST
<br /> BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
<br /> MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br /> 17.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS
<br /> OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED
<br /> HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
<br /> CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR PERFORMANCE OF THE
<br /> ENVIRONMENTAL WORK WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND
<br /> ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS,
<br /> EASEMENTS AND LIENS OF ANY THIRD PARTY.
<br /> 18. Disclaimer of Warranty for Quiet Enioyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES
<br /> NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO
<br /> COVENANT OF QUIET ENJOYMENT IS MADE.
<br /> 19. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming
<br /> any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be
<br /> liable (i) to refund Licensee any compensation paid hereunder, except for the pro rata part of any recurring charge
<br /> paid in advance, or(ii)for any damage Licensee sustains in connection with the eviction.
<br /> DEFAULT, TERMINATION, AND SURRENDER
<br /> 20. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide
<br /> evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be
<br /> events of default pursuant to which Licensor has the right to terminate as set forth below:
<br /> 20.1 If default shall be made in any of Licensee's covenants,agreements,or obligations contained in this License
<br /> and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by
<br /> Licensor, or in case of any assignment or transfer of this License in violation of Section 23 below, Licensor
<br /> may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee.
<br /> Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if
<br /> Licensee fails to provide evidence of insurance as required in Section 14.
<br /> Form 427; Rev. 20140815
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