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15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
<br />Licensee will make the policy covering such:clainis or lawsuits available to BNSF.
<br />16.6.16 If Licensee maintains broader coverage .andlor 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.b.separate and distinct obligation
<br />on the part of the Licensee. Therefore, these provisions. shall be enforceable and
<br />Licensee snail 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 />15.6.1.6 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 REGl1LATioN5 AND ENVIRONMENTAL MATTERS.
<br />1& Compliance with Laws, Ruies, and Regulations:
<br />16.1 Licensee shall observe and comply with any and 'all applicable federal, state, . focal, and
<br />tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions
<br />of any court of competent jurisdiction ("Legal Requirements") relating to the constructi6n,
<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 Licenser's applicable safety rules and regulations. Licensee must ensure. that
<br />each of its employees, contractors, agents orinvitees entering upon the .Premises
<br />completes the safety orientation program at the: Website."www.BNSFcontractor.com" (the
<br />"Safety Orientation") within one year prior to entering upon the Premises. Additionally,
<br />Licensee must. ensure that each and every :employee. of Licensee, its contractors, agents
<br />and invitees possess a c a rd. ce rtify i ng cornp1eflon 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, arty and
<br />all additional rights -of way, easements, licenses and other agreements relating to the grant
<br />of rights and in in and/or access to the Premises (collectively" the "Rights") and
<br />such other rights, licenses, permits, authorizations,. and approvals (includin.g without
<br />limitation, 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 accordance -with
<br />the terms and conditions hereof. Licenser'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 any best management practices required under any environmental permit
<br />issued to Licensee or cause Licensor to be subject to: any terms or conditions of an.y such
<br />Licensee permit.
<br />16.4 Licensee shall either require that the 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 terra of any such Right expires in: acco rdance: with its
<br />ordinary terries on a date earlier than the last day of the term 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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