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<br />4 <br />Easement Agreement <br /> <br /> <br /> Form 704CM; Rev. 04/20/2023 <br /> <br />the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, <br />"Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments <br />necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying <br />them of any work that may damage these Other Improvements and /or interfere with their service and obtain the <br />owner’s written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements <br />on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. <br />Grantee must also use all reasonable methods when working on or near Grantor property to determine if any <br />Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the <br />above-described premises free and clear from combustible materials and to cut and remove or cause to be cut <br />and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to <br />be done at such times and with such frequency as to comply with Grantee and local laws and regulations and <br />abate any and all hazard of fire. <br /> <br />Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other <br />charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi - <br />governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the <br />Improvements. Grantee agrees to purchase, affix and cancel any and all d ocumentary stamps in the amount <br />prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental <br />to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become <br />obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including <br />all of Grantor's legal fees and expenses. <br /> <br />Section 7 Environmental. <br /> 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all Environmental <br />Laws (as defined below). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or <br />"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall <br />not handle, transport, release or suffer the release of Hazardous Materials (as defined below) on or about the <br />Premises. <br /> 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource <br />Operations Center at (800) 832-5452 of any release of Hazardous Materials on, from, or affecting the Premises. <br />Grantee shall use its best efforts to immediately respond to any release on or from the Premises. Any violation <br />of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing <br />Environmental Laws with respect to Grantee's use of the Premises must be immediately reported to Grantor at <br />EnvironmentalLeases@bnsf.com. Grantee also shall give Grantor prompt notice of all measures undertaken on <br />behalf of Grantee to investigate, remediate, respond to or otherwise cure a release or violation. <br /> 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a <br />release or violation of Environmental Laws which occurred or may occur during the term of this Easement <br />Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to tak e timely measures to <br />investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. <br /> <br /> 7.4 Soils and Materials Management. <br /> (a) If during the construction or subsequent maintenance of the Improvements or any other <br />soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered, <br />Grantee will stop work immediately and notify Grantor. After consultation with Grantor, Grantee shall, at Grantee’s <br />expense, characterize any such impacted soils. Upon receiving sampling results, Grantee shall, at Grantee’s