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<br />Easement Agreement Form 704CM; Rev. 04/20/2023
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<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.
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<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 documentary 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.
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<br />Section 7 Environmental.
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<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.
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<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.
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<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 take timely measures to
<br />investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises.
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<br /> 7.4 Soils and Materials Management.
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<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
<br />expense in consultation with Grantor, manage, remove, and/or dispose any such impacted soils offsite at an
<br />appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable
<br />disposal requirements, shall be in 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 determination.
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<br /> (b) All soils and materials to be removed from the Grantor’s property or right of way must be
<br />properly characterized, managed, transported, and disposed at an appropriately-licensed facility, at Grantee’s
<br />expense, in accordance with all Environmental Laws. Grantee shall be the “Generator” of any and all such
<br />materials and waste, as such term is defined in Environmental Laws.
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<br /> (c) All fill materials to be imported to Grantor’s property shall be certified clean fill or from a
<br />BNSF-approved source.
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<br /> 7.5 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
<br />activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment
<br />and shall take all reasonable actions necessary to prevent injury to persons or property arising out of such
<br />conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any
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