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12. The Licensee, at the Licensee's sole expense, within thirty (30) days from the date of service
<br />of notice of termination as above provided, shall take up and remove said pipe line from the Railroad
<br />Company's property at the above described location and restore said property to a condition satisfactory
<br />to said Chief Engineer. Failure on the part of the Licensee to do so shall constitute an abandonment of
<br />the pipe line by the Licensee, and the Railroad Company shall have the right to remove the whole or any
<br />part of the pipe line from said property and perform said work of restoration, and in either event the
<br />Licensee, upon a bill being rendered therefor, shall promptly reimburse the Railroad Company for all
<br />expenses incurred in connection therewith, plus fifteen percent (15 %).
<br />13. The Railroad Company shall not be required to assume any portion of the cost of the
<br />construction of said pipe line or future maintenance thereof.
<br />14. The Railroad Company does not warrant title to the above - described property, and the
<br />Licensee shall have no recourse against the Railroad Company in the event the Licensee shall be
<br />required, through the action of any third party, to either remove the pipe line from the Railroad Company's
<br />property or to make any payment to avoid such removal.
<br />15. Each provision, paragraph, sentence, clause, phrase, and word of this agreement shall apply
<br />to the extent permitted by applicable law and is intended to be severable. If any provision, paragraph,
<br />sentence, clause, phrase or word of this agreement is illegal or invalid for any reason whatsoever, such
<br />illegality or invalidity shall not affect the legality or validity of the remainder of the agreement.
<br />16. (A) "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes
<br />of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages,
<br />consequential damages, losses, costs, and expenses of every kind (including without limitation any
<br />attorney's fees, consultants' fees, response costs, remedial action costs, cleanup costs and expenses
<br />which may be related to any Claims);
<br />(6) "Environmental Law" or "Environmental Laws" means the Comprehensive
<br />Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § 9601 et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control
<br />Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 U.S.C. § 1321 et seq., the Clean Air Act, 42
<br />U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from
<br />time to time, and any other federal, state, local or other governmental statute, regulation, rule, law or
<br />ordinance dealing with the protection of human health, safety, natural resources or the environment now
<br />existing or hereafter enacted;
<br />(C) "Hazardous Substance' or "Hazardous Substances" means any pollutant,
<br />contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction,
<br />radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or
<br />any other chemical, substance or material listed or identified in or regulated by any Environmental Law;
<br />(D) "Release" or "Released" means any actual or threatened spilling, leaking, pumping,
<br />pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading
<br />of any Hazardous Substance into the environment, as "environment" is defined in CERCLA;
<br />(E) "Use" means to manage, generate, manufacture, process, treat, store, use, re -use,
<br />refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport,
<br />transfer, dispose of, or abandon a Hazardous Substance.
<br />THE PARTIES HERETO have caused this agreement to be duly executed as of the day and year first
<br />above written.
<br />SOO LINE RAILROAD COMPANY
<br />License No. 31970, Little Canada, MN Page 3 of 4
<br />Pipe Line License Form 300.07/03.std CITY OF LITTLE CANADA
<br />CANAt>t'AI1 P AG4K'SC RAILWAY
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