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Tracking No. 23W-19543
<br /> 14.6.7 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance
<br /> agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage
<br /> required by this License. Allocated Loss Expense shall be in addition to all policy limits for
<br /> coverages referenced above.
<br /> 14.6.8 Not more frequently than once every five years, Licensor may reasonably modify the required
<br /> insurance coverage to reflect then-current risk management practices in the railroad industry and
<br /> underwriting practices in the insurance industry.
<br /> 14.6.9 If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the
<br /> subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor
<br /> as an additional insured, and shall require that the subcontractor shall release, defend and
<br /> indemnify Licensor to the same extent and under the same terms and conditions as Licensee is
<br /> required to release, defend and indemnify Licensor herein.
<br /> 14.6.10 Failure to provide evidence as required by this Section 14 shall entitle, but not require, Licensor to
<br /> terminate this License immediately. Acceptance of a certificate that does not comply with this
<br /> Section shall not operate as a waiver of Licensee's obligations hereunder.
<br /> 14.6.11 The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall
<br /> not be deemed to release or diminish the liability of Licensee, including, without limitation, liability
<br /> under the indemnity provisions of this License. Damages recoverable by Licensor shall not be
<br /> limited by the amount of the required insurance coverage.
<br /> 14.6.12 These insurance provisions are intended to be a separate and distinct obligation on the part of the
<br /> Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby
<br /> regardless of whether or not indemnity provisions are determined to be enforceable.
<br /> 14.6.13 For purposes of this Section 14, Licensor shall mean "Burlington Northern Santa Fe, LLC", TNSF
<br /> Railway Company" and the subsidiaries, successors, assigns and affiliates of each.
<br /> COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
<br /> 15. Compliance with Laws, Rules, and Regulations.
<br /> 15.1 Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders,
<br /> covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements")relating
<br /> to the Environmental Work and use of the Premises.
<br /> 15.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of
<br /> Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees,
<br /> contractors, agents or invitees entering upon the Premises completes the safety orientation program at the
<br /> website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the
<br /> Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors,
<br /> agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon
<br /> the Premises. Licensee must renew the Safety Orientation annually.
<br /> 15.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional
<br /> rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in
<br /> and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits,
<br /> authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal
<br /> authorizations and environmental permits) that are necessary in order to permit Licensee to conduct the
<br /> Environmental Work and otherwise to perform its obligations hereunder in accordance with the terms and
<br /> conditions hereof.
<br /> 15.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not
<br /> expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial
<br /> stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last
<br /> day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or
<br /> otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause
<br /> the stated term thereof to be continued until a date that is not earlier than the last day of the term of this
<br /> License.
<br /> Form 427; Rev. 20140815
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