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1.5.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
<br />Licensee will make the policy covering such claims or lawsuits available to BNSF.
<br />15.6.16 If Licensee. maintains broader coverage and/or higher limits than the. minimum
<br />requirements in this.. Agreement, BNSF requires and.shall be entitled to the broader
<br />coverage and/or the higher limits. Any available insurance proceeds. in excess of
<br />the. specified minimum limits of insurance and coverage shall be available to
<br />BNSF..
<br />15.6.17 These .insurance provisions are intended to be .a separate and distinct obligation
<br />on the part of the Licensee. Therefore, these provisions shall. be enforceable and
<br />Licensee shall be bound thereby regardless of whether or not indemnity provisions.
<br />are determined to be enforceable.. in the jurisdiction in which the .work..or services
<br />are performed under this License.
<br />15.6.18:For purposes of this. Section 15, Licensor shall. mean "Burlington Northern Santa
<br />Fe, LLC", "BNSF Railway Company':, "Minnesota.Commercial Railway Company"
<br />and the subsidiaries, successors., assigns and affiliates of each..
<br />COMPLIANCE WITH LAWS REGULATIONS .AND ENVIRONMENTAL MATTERS
<br />16. Compliance with Laws, Rules, and Regulations.
<br />16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and
<br />tribal laws, statutes, regulations, ordinances, orders, .covenants, restrictions, or decisions
<br />of any court of competent jurisdiction ("Legal Requireiments") relating -to the -construction,
<br />maintenance, and use of the Pipeline and the use of the Premises.
<br />16.2 Prior to entering the .Premises, Licensee shall and shall cause its contractor(s) to: comply
<br />with .all of Licensor's applicable safety rules and regulations. Licensee. must ensure that
<br />each. of its. emploYees, contractors, agents or invitees entering upon the Premises
<br />completes the safety orientation program at the Website "www.BNSFcoritractor.corn" (the
<br />"Safety Orientation") within one. year prior to entering upon the Premises; Additionally,
<br />Licensee must erasure that each and every employee of Licensee, its contractors, agents
<br />and invitees possess a card certifying completion of the: Safety Orientation prior: to. entering
<br />upon. the Premises. Licensee must renew (and ensure that its contractors, agents or
<br />invitees, as applicable, renew) the Safety Orientation annually.
<br />16.3. Licensee shall obtain on or before the date it or.its contractor enters the Premises,. any and
<br />all. additional rig hts-of. way., easements, licenses and other agreements relating to the grant
<br />of rights and. interests in and/or access to the Premises (collectively, the "Rights") and
<br />such other rights.; licenses, permits, authorizations, and. approvals .(including without
<br />iimltation, any necessary local, state; federal or tribal authorizations and environmental
<br />permits) that. are necessary in order to permit Licensee to construct, maintain, own and
<br />operate the Pipeline and otherwise to perform its obligations hereunder in accordanee.with
<br />the terms and conditions hereof. Licensor's consent. to .the use of the Premises
<br />contemplated under this License shall not constitute an endorsement of the effectiveness
<br />or sufficiency.of.anybest management practices required..under any environmental permit.
<br />issued to Licensee. or cause Licensor to be subject to any terms or conditions of ariy such
<br />Licensee permit,
<br />16.4 Licensee:shall either require that thee initial stated term of each such Rights be for a.period
<br />that does not expire,. in accordance with its ordinary terms; prior to the last day of the term
<br />of this License or, if the initial stated term of.any such Right expires in accordance with its
<br />ordinaryterms:on a date earlierthan the last dayof.the tern of this License, Licensee shall,
<br />at its cost, exercise any renewal rights thereunder, or otherwise: acquire such extensions,.
<br />11 Form 424; Rev. 20190916
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