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18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY , <br />KIND, EXPRESS .OR IMPLIED., CONCERNING (A) THE SCOPE OF THE LICENSE OR <br />OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT <br />LICENSEE'S CONSTRUCTION; MAINTENANCE, OWNERSHIP, USE OR OPERATION <br />OF THE PIPELINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS <br />AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY <br />LEASES, USE RIGHTS,. EASEMENTS AND LIENS OF ANY THIRD PARTY. <br />19. Disclaimer of Warrant for Quiet Enio merit. LICENSOR DOES NOT WARRANT ITS TITLE TO <br />THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE <br />POSSESSION OR USE THEREOF. NO COVENANT OF ouiET ENJOYMENT IS MADE. <br />20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title <br />to,or claiming any interest in the Premises, or by the abandonment. by Licensor of the affected rail <br />corridor, Licensor shall...not be liable (i) to refund Licensee any compensation .paid hereunder, <br />except for the pro-rata part of any recurringcharge paid in advance, .or (ii.) for any damages or costs <br />Licensee sustains in connection with the. eviction. <br />LIENS AND TAXES <br />21. Liens and Charges. Licensee shall promptly pay and dis.charge.any and all liens arising out of any <br />construction, alterations or repairs done, suffered or; permitted to be done by Licensee on the <br />Premises.. Licensor is hereby authorized to post any notices or take any other action upon or with <br />respect to the Premises that is. or may be permitted by law to prevent the attachment of any such <br />liens to the: Premises; provided, however, that failure of Licensor to take any such action. shall not. <br />relieve Licensee of any obligation or liability under this Section 21 or :any other Section. of this <br />License.. <br />22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, <br />"Taxes") levied. or.assessed by any governmental or quasi-goyernmental body upon the Pipeline <br />or any .other improvements .constructed or installed. on`the Premises by or for Licensee (collectively, <br />the "Improvements") or any Taxes levied or assessed .against Licensor or the Premises that are <br />attributable: to the: Improvements. <br />DEFAULT TERMINATION AND SURRENDER <br />23. Default and Termination. In addition to and not in limitation of Liicensor's right to terminate for failure <br />to provide evidence of insurance as required pursuant to the terms .of Section 1.6., the following. <br />events. are also deemed to be.events.of default.pursuant to which Licensor has the right to terminate <br />as Set -forth below: <br />23.1 If default shall be made in any of Licensee's .covenants, agreements, or obligations <br />contained in this.Liicense:or in case of any assignment or transfer of this License in violation <br />of Section 26 below; and .Licensee fails. to oure said default within thirty (30) .days. after <br />written notice is pcoyided to Licensee by Licensor, Licensor may, at its option, terminate <br />this License,by serving. five (5}.days' notice in writing upon Licensee. Notwithstanding the <br />foregoing,.Licensor shall have theright to terminate this License immediately if Licensee <br />fails to provide evidence of insurance as required in Section 15. <br />23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling <br />or transporting of Hazardous. Materials, notwithstanding anything contained in any other <br />provision of this License, and fails to cure said default within thirty (30) days after .written <br />notice is.provided to Licensee by Licensor (or within. such shorter period as.may be required <br />by law), Licensor may,.. at its. option, terminate this License by serving five (5) days' notice <br />in. writing upon Licensee. <br />14 Form 424; Rev. 20190916 <br />