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additions and/or replacements as may be necessary, in order to cause the.stated term <br />thereof to be continued until a.date. that is not earlier than the last day of the term of this <br />License. <br />16.5 Upon the expiration or termination of any Right that is necessaryin order for Licensee to <br />own, operate .or. use the Pipeline in .accordance. with the terms and conditions of this. <br />License, this License thereby shall automatically expire upon such expiration or termination <br />of the Right. <br />17. Environmental. <br />17.1 Licensee shall strictly comply with Environmental Laws .(as .defined.belaw). Licensee shall. <br />not: maintain a.treatment, storage, transferor disposal facility,.or underground. storage tank, <br />as defined by Environmental Laws on the Premises. Licensee shall not release or suffer <br />the release -of oil or.Hazardous Materials (as defined below) on or about the Premises. <br />17:2 Except as specifically set forth in Section 4 of .this License, Licensee covenants that it will <br />not handle or transport Hazardous Materials through -the .Pipeline.or on Licensor's property. <br />Further, Licensee covenants.that:the stormwater.discharged ❑nto.Li.censor.'s property shall <br />be free: and clear of contamination and other :pollutants. Upon request. by Licensor, <br />Licensee agrees to furnish. Licensor -with proof, satisfactory to Licensor, that Licensee is -in <br />compliance with the provisions: of this. Section 17.2. <br />17 3 Licensee shall give.Licensor intmediate notice to Licensor's Resource -Operations Center <br />at (800) 832-5452 of any known release of Hazardous Materials on, from, or affecting the <br />Premises; and prompt notice by e-mail to EnvironmentaiLeases(cDBNSF. com of any known. <br />violation. of Environmental Laws or inspection: or inquiry by governmental authorities <br />charged. with enforcing Environmental Laws with respect to Licensee's use of the <br />Premises. Licensee shall use its best efforts to 'immediately respond to any release on, <br />from, or affecting the Premises.. Licensee also. shall. give Licensor prompt notice of all <br />measuresundertaken on behalf of Licensee to investigate, remediate, respond to or <br />otherwise cure such release or violation. <br />17.4 if Licensor has notice from Licensee or otherwise of a release or violation of Environmental <br />Laws arising in any way with respect to the Pipeline or its drainage which occurred or may <br />occur during the term of this License, Licensor may require Licensee, at..Lice.nsee's. sole <br />risk. and .expense, to take timely measures to investigate, remediate, respond to or <br />otherwise cure such. release or violation affecting the Premises or Licensor's right-of-way. <br />17:5 Licensee shall immediately report to Licensor's Resource Operations Center at (800):832m <br />5452 any conditions or.activities upon the Premises known to Licensee which create a <br />risk of harm .to persons,. property or the. environment and shall take. all .reasonable actions <br />necessary to prevent injury to. persons, :property, or the environment arising out of such <br />conditions. or activities; provided, however,. that Licensee's reporting to Licensor shall not. <br />relieve Licensee of any obligation whatsoever imposed. on it by this License, Licensee <br />shall promptly respond to Licensor's request for information regarding said conditions or <br />activities. <br />17.6 During the term of this License; Licensor may, at Licensor's option, require Licensee to <br />conduct an environmental audit, including but not limited to sampling, of.the Premises <br />through an environmental consulting engineer acceptable to Licensor, at Licensee's sole <br />cost. and expense., :to determine if any noncompliance or environmental damage to the <br />Premises has occurred arising from or related to. use or occupancy thereof by Licensee. <br />The audit shall be conducted to Licensoe..s satisfaction and a copy of:the.audit report shall <br />promptly be provided to. Licensor for its review. Licensee shall pay all expenses for any <br />remedial or corrective action that maybe required .as a .result of .said audit tocorrect. any <br />12 Form 424; Rev. 20190916 <br />