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Contract Number: BF-20583561
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<br />Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its
<br />employees, subcontractors, agents and/or third parties: and (c) exercise due care with
<br />respect to the release, including the taking of any appropriate measure to min imize the
<br />impact of such release. Contractor must also give Railway prompt notice of all measures
<br />undertaken to investigate, remediate, or respond to any aforementioned condition .
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<br />C. If Railway has notice from Contractor or otherwise of a release or violation of Environmental
<br />Laws arising in any way with respect to the work which occurred or may occur during the
<br />term of this Agreement, Railway may require Contractor, at Contractor’s so le risk and
<br />expense, to take timely measures to investigate, remediate, respond to or otherwise cure
<br />such release or violation affecting the Railway’s Property.
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<br />D. If during the construction or subsequent maintenance of the work or Structures, or any
<br />other soil-disturbing activities, soils or other materials considered to be environmentally
<br />impacted are encountered, Contractor will stop work immediately and notify Ra ilway. After
<br />consultation with Railway, Contractor shall, at Contractor’s expense, characterize any such
<br />impacted soils. Upon receiving sampling results, Contractor shall, at Contractor’s expense,
<br />in consultation with Railway, manage, remove, and/or dispose any such impacted soils
<br />offsite at an appropriately-licensed facility in accordance with Environmental Laws. Soil
<br />characterization and applicable disposal requirements, shall be in accordance with
<br />applicable federal, state, and local Environmental Laws or in consultation with an agency
<br />having the capacity and authority to make such a determination.
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<br />E. All soils and materials to be removed from the Railway Property or right of way must be
<br />properly characterized, managed, transported, and disposed of at an appropriately -
<br />licensed facility, at Contractor’s expense, in accordance with all Environmental Laws.
<br />Contractor shall be the “Generator” of any and all such materials and waste, as such term
<br />is defined in Environmental Laws.
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<br />F. Notwithstanding anything in this Section 1.08, Contractor understands that Railway has no
<br />duty or obligation to monitor Contractor’s use of the property or right of way to determine
<br />Contractor’s compliance with Environmental Laws, it being solely Contracto r’s
<br />responsibility to ensure that Contractor’s use is compliant. Regulatory plans and a
<br />minimum of two (2) years of records/inspections shall be readily available. Contractor shall
<br />promptly provide the same to the Railroad upon request.
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<br />G. “Environmental Law(s)” shall mean any federal, state, local, or tribal law, statute,
<br />ordinance, code, rule, regulation, policy, common law, license, authorization, decision,
<br />order, or injunction which pertains to health, safety, any Hazardous Material, or the
<br />environment (including but not limited to ground, air, water, or noise pollution or
<br />contamination, and underground or above-ground tanks) and shall include, without
<br />limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery
<br />Act, 42 U.S.C. §6901 et seq., CERCLA; the Hazardous Materials Transportation Act, 49
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