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Contract Number: BF-20583561 <br /> <br /> <br />Contractor to investigate, remediate, respond to or otherwise cure a release or <br />violation. <br />iii) If Railway has notice from Contractor or otherwise of a release or violation of <br />Environmental Laws caused by Contractor or arising in any way with respect to <br />Contractor’s work which occurred or may occur during the term of this Agreement, <br />Railway may require Contractor, at Contractor’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 Railway’s Property. <br /> <br />iv) If during the construction or subsequent maintenance of the work or Structures, <br />or any other soil-disturbing activities, soils or other materials considered to be <br />environmentally impacted are encountered, Contractor will stop work immediately <br />and notify Railway. After consultation with Railway, Contractor shall characterize <br />any such impacted soils. Upon receiving sampling results, Contractor shall, in <br />consultation with Railway, manage, remove, and/or dispose any such impacted <br />soils offsite at an appropriately-licensed facility in accordance with Environmental <br />Laws. Soil characterization and applicable disposal requirements, shall be in <br />accordance with applicable federal, state, and local Environmental Laws or in <br />consultation with an agency having the capacity and authority to make such a <br />determination. <br /> <br />v) All soils and materials to be removed from the Railway Property or right of way <br />must be properly characterized, managed, transported, and disposed of at an <br />appropriately-licensed facility in accordance with all Environmental Laws. Either <br />Contractor or Agency shall be the “Generator” of any and all such materials and <br />waste, as such term is defined in Environmental Laws. <br /> <br />vi) All fill materials to be imported to Railway’s property shall be certified clean fill <br />or from a Railway approved source, and supporting documentation shall be <br />provided to Railway upon request. <br />Contractor shall promptly report to Railroad in writing any conditions or activities <br />upon the Railroad Property known to Contractor which create a risk of harm to <br />persons, property or the environment and shall take all reasonable actions <br />necessary to prevent injury to persons or property arising out of such conditions <br />or activities; provided, however, that Contractor’s reporting to Railroad shall not <br />relieve Contractor of any obligation whatsoever imposed on it by this Agreement. <br />Contractor shall promptly respond to Railroad’s request for information regarding <br />said conditions or activities. <br /> <br />vii) Notwithstanding anything in this Section 5, the parties agree that BNSF has <br />no duty or obligation to monitor Contractor’s use of the property or right of way to