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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 notearlier than the last day of :the term of this <br />License. <br />16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to <br />own, operate or use. the Pipeline. in accordance with the terms and conditions of this <br />License, this License thereb.y.shall automatically expire upon such expiration. or termination <br />of the Right. <br />1.7. Environmental, <br />17,1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall <br />not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, <br />as defined by Environmental Lawson 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 storrnwaterdischarged onto Licensor'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 immediate notice. to Licenser'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 a -mail to EnvironmentalLeases@ BNSF.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 irnmddiately respond toany release on, I{ <br />from, or affecting the Premises. Licensee. also shall give Licensor prompt notice of .all <br />measures undertaken 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 Licensee'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 Licensors. Resource.Operation. s Center at (800..) 832- <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 Lice.nsor'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 auditshall 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. ekpenses for any <br />remedial or corrective action that may be required as a. result of said audit to correct any <br />:. <br />12 Form 424;Rev.26190816 <br />