Laserfiche WebLink
Trgcking #08-36315 <br />"OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH <br />RESPECT TO THE PIPELINE FOR THE PURPOSES OF GERCLA OR OTHER <br />ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND <br />HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS <br />REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LIGENSEE <br />FURTHER AGREES THAT THE USE OF -THE. PREMISES AS <br />CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT <br />LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON <br />CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY <br />.AGREES TO INDEMNIFY, DEFEND, AND HOLD THE fNDEMNtTEES <br />HARMLESS FOR ANY .AND. ALL SUCH CLAIMS. iN NO L=VENT SHALL <br />LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF <br />THE PREMISES. <br />(cj TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER <br />AGREES, AND SHALL CAUSE ITS CONTRACTOR TU AGREE, <br />REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY <br />INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES <br />AGAINST AND ASSUME 'THE DEFENSE OF ANY LIABILITIES ASSERTED <br />AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO <br />THE FEDERAL EMPLOYERS'. LIABILITY ACT ("FELA"j WHENEVER <br />EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR <br />CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF <br />ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO <br />EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR <br />ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL .LAWS OR <br />REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY <br />APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE <br />OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE <br />CONSERVATION AND REC!taVERY ACT, AND ANY SIMILAR STATE OR <br />FEDERAL STATUTE. <br />(d) Upon written notice from Licensor, Licensee agrees to assume the defense of <br />any lawsuit ar other proceeding brought against any Indemnitee by any entity, <br />relating to any matter covered by this License for which Licensee has an <br />obligation to assume liability for and/or save and hold harmless any Indemnitee. <br />Licensee shall pay alt costs incident to such defense, including, but not limited to, <br />attorneys' fees, investigators' fees, litigation and appeal expenses, settlement <br />payments, and amounts paid in satisfaction of judgments. <br />PERSONAL PROPER'L'Y WAIVER <br />20, ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, <br />EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE <br />RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE :FOR ANY <br />DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR <br />IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. <br />Form ~za; R$v. oarzsras <br />-7- <br />