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Tracking No. 23W-19543 20.2 Should Licensee not comply fully with the obligations of Section 16 regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained in any other provision of this License, Licensor may,at its option,terminate this License by serving five(5)days'notice of termination upon Licensee. 20.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 20 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 20.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by Licensor, at any time, by Licensor serving ten (10)days'written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof. 21. Surrender of the Premises. 21.1 Upon termination, should Licensee have installed its monitoring well(s) on the Premises, once Licensee's well(s) are retired, Licensee shall provide Licensor a copy of the closure documents, submitted directly to Licensor's Environmental Remediation Manager at the applicable address listed in Section 24 below with copies of the same to EnvironmentalAccess@bnsf.com. 21.2 Upon completion of Licensee's work on the Premises or upon termination of this License for any reason, whichever shall occur first, Licensee shall, at its sole cost and expense: 21.2.1 remove all of its equipment from the Premises; 21.2.2 report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; 21.2.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; 21.2.4 properly fill all holes, borings, or temporary wells installed on the Premises by Licensee with compacted bentonite, or other media approved by Licensor,to match the surrounding ground level; 21.2.5 properly fill and compact all excavations to match the surrounding ground level with material that meets the specifications and approval of Licensor; 21.2.6 properly close, seal, abandon, or remove any and all permanent and temporary groundwater monitoring wells in accordance with all applicable Legal Requirements and Environmental Laws and to Licensor's sole satisfaction; and 21.2.7 perform any other work to restore the Premises substantially the condition which existed as of the Effective Date. 21.3 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under this Section 21.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. Form 427; Rev. 20140815 - 11 -