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Law Department Approved 08 -36053 <br />subcontractor shall release, defend and indemnify Licensor to the same extent and <br />under the same terns and conditions as Licensee is required to release, defend and <br />indemnify Licensor herein. <br />Failure to provide evidence as required by this section shall entitle, but not require, <br />Licensor to terminate this License immediately. Acceptance of a certificate that does <br />not comply with this section shall not operate as a waiver of Licensee's obligations <br />hereunder. <br />The fact that insurance (including, without limitation, self- insurance) is obtained by <br />Licensee shall not be deemed to release or diminish the liability of Licensee including, <br />without limitation, liability under the indemnity provisions of this License. Damages <br />recoverable by Licensor shall not be limited by the amount of the required insurance <br />coverage. <br />For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe <br />Corporation "BNSF Railway Company" and the subsidiaries, successors, assigns and <br />affiliates of each. <br />ENVIRONMENTAL <br />23. (a) Licensee shall strictly comply with all federal, state and local environmental laws <br />and regulations in its use of the Premises, including, but not limited to, the <br />Resource Conservation and Recovery Act, as amended (RCRA), the Clean <br />Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, <br />CERCLA (collectively referred to as the "Environmental Laws Licensee shall <br />not maintain a treatment, storage, transfer or disposal facility, or underground <br />storage tank, as defined by Environmental Laws on the Premises. Licensee <br />shall not release or suffer the release of oil or hazardous substances, as defined <br />by Environmental Laws on or about the Premises. <br />(b) Licensee shall give Licensor immediate notice to Licensor's Resource <br />Operations Center at (800) 832 -5452 of any release of hazardous substances on <br />or from the Premises, violation of Environmental Laws, or inspection or inquiry by <br />governmental authorities charged with enforcing Environmental Laws with <br />respect to Licensee's use of the Premises. Licensee shall use the best efforts <br />to promptly respond to any release on or from the Premises. Licensee also shall <br />give Licensor immediate notice of all measures undertaken on behalf of <br />Licensee to investigate, remediate, respond to or otherwise cure such release or <br />violation. <br />(c) <br />(d) <br />In the event that Licensor has notice from Licensee or otherwise of a release or <br />violation of Environmental Laws arising in any way with respect to the Walkway <br />[or the Path] which occurred or may occur during the term of this License, <br />Licensor may require Licensee, at Licensee's sole risk and expense, to take <br />timely measures to investigate, remediate, respond to or otherwise cure such <br />release or violation affecting the Premises or Licensor's right -of -way. <br />Licensee shall promptly report to Licensor in writing any conditions or activities <br />upon the Premises known to Licensee which create a risk of harm to persons, <br />13 <br />Fonn 419; Rev. 04/26/05 <br />